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HomeMy WebLinkAbout08/10/2010 00 Agenda and Packet i o- 4�� Micah Cawley, Mayor o �� Kathy Coffey, Assistant Mayor t �'� s Yakima Maureen Adkison • I t,V';� �� �r Dave Edler ..� '' �i,', , <''',`-)..9.P. .. City g Dav Council e n d a Rick Ensey ORATEU A e Ettl 129 N. 2nd Street,Yakima,WA. 98901 Bill Lover Phone: (509) 575 -6000 • Fax (509) 576 -6614 City Manager Email: ccouncil @ci.yakima.wa.us • www.ci.yakima.wa.us Richard A. Zais, Jr. Anyone wishing to address the Council, please fill out the form found on the tables and give it to the City Clerk YAKIMA CITY COUNCIL ADJOURNED MEETING - STUDY SESSION AUGUST 10, 2010 — 8:00 -9:30 A.M. COUNCIL CHAMBERS — YAKIMA CITY HALL 1. Roll Call U 2. Mayor - Council / Council- Manager forms of government 3. Audience Comments (9:15 - 9:30 a.m.) 4. Adjournment • 4111 Yakima ao-ar City of Yakima Vision Statement: To create a culturally diverse, economically vibrant, safe, and strongYakima community. ' I Adopted March 2008 7994 • • IJ V 11 IE LIIJIJ C MH D U IJI/lJ To: City Council Members From: City Manager Dick Zais City Attorney Jeff Cutter Community Relations Manager Randy Beehler Subject: Information for August 10 City Council Study Session Date: August 6, 2010 City Council Members, At your July 20 regular business meeting, you voted unanimously to conduct a study session in order to provide the City Council with an opportunity to discuss the forms of government available to municipalities under Washington State law. A study session for that purpose has been scheduled for August 10 beginning at 8:00 am. Municipal Research and Services Center of Washington Executive Director Rich Yukubousky and Association of Washington Cities CEO Mike McCarty will attend the study session (at the expense of their respective organizations) and will be available to respond to any questions City Council members may have. The current council- manager form of government under which the City of Yakima operates was adopted by voters in 1958. Yakima voters rejected a ballot measure in 1988 to change to a ® mayor - council form of government by a 2 -to -1 margin. An effort to place a measure on the ballot in 1991 to change to a mayor - council form of government was unsuccessful. To help you prepare for the August10 study session, the following items have been excerpted from the City's extensive files regarding this issue: Legal Information 1) Memo from City Attorney Jeff Cutter regarding legal issues and directives concerning revisions to forms of government and the assignment of general administrative authority under council-manager and'mayor- council forms of government Statistical /Comparative Information 2) . "Forms of Government Overview" prepared by the Municipal Research and Services Center of Washington • 3) Fact sheet prepared by the Municipal Research and Services Center comparing and contrasting the mayor - council and council- manager forms of government 4) Fact sheet prepared by the Municipal Research and Services Center regarding basic characteristics of, arguments for, and arguments against both the council- manager and mayor- council forms of government 5) Except from July 20, 2010 MRSC Inquiries concerning data regarding cities in Washington State with a mayor and a city administrator 6) Data prepared by the Municipal Research and Services Center of Washington regarding cities in Washington State which abandoned one form of government and adopted S another between 1970 and 2009 7) Excerpt from a presentation entitled, "City /County Government Basics" delivered annually to the Greater Yakima Chamber of Commerce Leadership Yakima class 1 Historical Information 8) December 15, 1987 press release issued by the Yakima City Council regarding "Petition to Abandon Council- Manager Government and Establish a Strong -Mayor Form of Government" • 9) Resolution adopted by the Yakima City Council in January 1988 placing a ballot measure before voters to change from a council- manager form of government to a mayor- council form of government 10) Cost analysis prepared by the City Finance Department in 1988 regarding "Strong Mayor vs. Council /Manager Government" 11) Question and answer sheet prepared in 1988 by the International City /County Management Association regarding the council- manager form of government 12) Remarks by Rick Linneweh, chair of Citizens to Retain. Council- Manager Government, delivered to the Yakima City Council and media on January 19, 1988 13) Fact sheet prepared by Citizens to Retain Council- Manager Government in 1988 14) Fact sheet prepared by the Greater Yakima Chamber of Commerce Taxation & Legislation Council in 1988 15) Speech by former Yakima Mayor and City Council Member Clarence Barnett delivered to the Kiwanis Club on February 24, 1988 opposing mayor - council form of government 16) Examples of media coverage of the council - manager vs. mayor - council issue in 1988 and since 17) Packet of information developed by the Citizens For Accountable And Responsive Government in 1988 and in 1991 18) December 10, 1987 memo from former City Attorney John Vanek regarding City Council's legal duties with respect to a petition filed by Larry Matthews to amend the City Charter to "change the form of government from council /manager to a 'strong mayor' /council from of government" Local Government Management Information 19) Article published in the August 2008 edition of Public Management magazine entitled, "Taking Stock of the Council- Manager Form at 100" 20) Article written by International City /Council Management Association Executive Director Robert J. O'Neill, Jr. entitled, "The Mayor- Manager Conundrum That Wasn't" 21) Frequently Asked Questions document prepared by the International City /County Management Association regarding the council- manager form of government 22) The International City /County Management Association Code of Ethics 23) Article published in the February 1988 edition of Governing magazine entitled, "Politician or Professional? The Debate Over Who Should Run Our Cities Continues" As noted, the City has extensive files regarding this issue. Please let any of us know if you would like additional information provided to you from the City files or other sources prior to the August 10 study session. . • 2 MEMORANDUM TO: Honorable Mayor Cawley and City Council Members FROM: Jeff Cutter, City Attorney DATE: August 5, 2010 SUBJ: Legal issues pertaining. to City Manager - Council and Mayor - Council forms of municipal government. This memorandum is intended to provide some basic background concerning the significant aspects of the City Manager- Council form of government and the Mayor - Council form of government for Council consideration. I also will provide some responses to several of the more common questions that seem to arise during consideration of these two different governmental forms, as well as some basic information regarding the process by which a change in the City Charter would be accomplished were a change in the present Charter provisions deemed necessary to carry out the Council's will. This is by no means an exhaustive summary of the many complex statutes and provisions controlling the establishment, make -up and operation of the several government forms. I will be happy to continue my research and direct my responses to your specific questions as your discussion commences. A. FORMS OF GOVERNMENT FOR FIRST -CLASS CITIES Initially, the Revised Code. of Washington provides three basic forms of government for Washington cities. The Commission form, Mayor - Council form and the Council- Manager plan. RCW 35.22 provides the laws pertaining to first class cities. The statutes provide specific direction regarding the method by which a city may adopt a charter, amend a charter and elect the officers to serve the city as provided by such a charter. Essentially any action affecting a city's charter must be formally adopted through a general or special election of the people. I will speak to some particulars of the election process below, but it is through the charter that the city establishes its choice of government. Insofar as the more historic form of city government has been the Mayor- Council format, the statutes pertaining to first class cities generally presume that particular form. There are specific statutory provisions that pertain to the more recent City Manager form and provide the detail and authority for that government form. COMISSION FORM The Commission form of government operates much like the one the governing body of the County employs. - By provision of ordinance the 'council members file for and are elected to office as commissioners of an administrative department of the city. There is some confusion regarding when a commission form of government may be acceptable for first -class cities, with the above -cited statute indicating this form is acceptable for first -class cities with a population under 100,000. However, yet another statute specific to the commission form of government states that cities organized under that form of government "have all the powers of cities of the second class and shall be governed by the statutes • applicable to cities of that class...". I have not had the opportunity to fully research this specifically, but while it appears that . until the 100,000 population threshold is reached the commission form of government may be available for Yakima to consider, it would seem by these statutes to also limit the 1 powers the city would otherwise have available to it as a first -class city. This may not be a desirable outcome to consider. COUNCIL - MANAGER PLAN The form of government Yakima has existed under for a number of years now is the City Manager - Council form that is familiar to all of you, so I will not spend time on the general provisions related thereto in this memo. I would be happy to discuss any specific question you may have concerning our present form of government. The other typical government form seen in Washington is the Mayor - Council form of government. I will try to review the most obvious differences between the Mayoral and Manager forms for your consideration. MAYOR - COUNCIL FORM OF GOVERNMENT RCW 35.22.200 provides that under the Mayor - Council form the legislative powers of a charter city shall be vested in a mayor and a city council. The number of council members may be either 7 or 12, and the powers held by the mayor and council members are in most respects determined by the city charter, with few specific authorities dictated by statute. The statute does establish that the mayor, council members and other elected officials identified in the charter shall be elected in accord with RCW for such terms and to perform such duties as directed by the charter. It becomes very apparent that the process of amending the City Charter as necessary for our City to make a change in the form of government from the present form to the Mayor- Council form would be a very important decision - making process. The entire road map for City operation under the Mayor - Council form of government is determined by that document. By comparison, the statutes providing the guidance for the City Manager - Council form includes very specific direction regarding the duties and responsibilities the City Manager holds. Under the Mayor - Council government form the number of council members, whether 7 or 12, are by statute to be representative of 6 wards, with specific provisions regarding term lengths and the possible election of other elective positions such as comptroller, treasurer and attorney. This statute seems to require that the City be re- divided to accommodate the additional wards, were the Mayor - Council form chosen. There is more statutory direction, but without reciting the entirety of the respective RCW it may be more helpful to respond to specific questions than try to anticipate them here. The specific powers of cities of the first class, set forth in RCW 35.22.280, are very much in accord with the powers of the City of Yakima that are recited in the present City Charter. Those powers particular to a first -class city do not change based upon the form of government chosen, except perhaps for the commission form as discussed above. B. COMMONLY ASKED QUESTIONS With respect to a few of the more frequently asked questions regarding the Mayor- Council government form for first -class cities I offer the following: 1. Who appoints the department heads? Depending on the Charter provision, the appointment of department heads are generally either entirely within the purview of the Mayor, or in some cases by the Mayor with Council approval. 2. Can the Council appoint, the City Clerk and the City Attorney? The RCW provides that the Charter • will direct how certain positions may be filled. For example, the statutes that establish the 7 or 12 council 2 members also provide that certain specified department positions may be elected positions, depending on the charter provisions. The positions specified for the 12 member council include the mayor, the comptroller and the treasurer. In the 7 member councils the attorney is also included. Presumably, if the charter does not provide that the positions shall be elected, they would be appointed, and the appointment would typically be delegated to the mayor or to the mayor with council approval. If certain appointments were specifically reserved to Council within the charter I have found no information stating that would not be permissible. There is no specific direction in this regard within the statutes for first class cities. • 3. Does the Mayor have veto powers? Again, this is dependant on the charter provisions. If the charter provides for veto authority over Council action then that power exists. If the charter further provides that a mayoral veto may be overridden by a specified super - majority vote of Council, then that condition shall exist as well. 4. What is the Mayor's voting status during council meetings? The Mayor is often established by charter as a non - voting position except in the case of a tie vote among the council members. I have not found any statute that requires this to be the case, so it may be that this too is subject solely to the charter's direction. It is very apparent that in a Mayor- Council government form in a first -class city, the charter becomes a very important document, and would need to be far more specific and detailed with regard to many of the points discussed herein as well as 'others. That brings me to the last issue I will mention, that being the process for charter amendment. C. CHARTER AMENDMENT PROCESS • The City charter may be amended by either a petition of the people or a resolution of the Council proposing the amended charter language. Once a sufficient petition or a resolution is submitted, the proposal shall be put before the electors at the next general or special municipal election as permitted by statute and directed by City Charter. RCW 35.22.120,130,160. There is also provision in statue for the Council or a specified number of the electorate to cause an election to be held to elect freeholders for the purpose of preparing a new charter for the City, that task being accomplished . by their altering, revising, adding to.or repealing the existing charter. RCW 3522.140,150. If the proposal to elect said freeholders is approved, then the elected individuals would have a year to prepare the new charter and submit it to the people for vote. The actual dates permitted for holding elections in Washington and the advance notice necessary to utilize them is similarly provided in another set of statutes primarily located at RCW 29A.04. These too are fairly complex but I will be happy to provide whatever additional detail the Council would like with regard to election date possibilities. As is evident from my attempt to address just a few of the more obvious issues surrounding these important considerations, there is much to be weighed and determined when considering alternate government forms. This memo is just a scratch on the surface of the legal requirements and the potential choices that present, themselves during such deliberation. S 3 r -��* e r 1 x '` 1 <:.., . M `�rV•it:,#*";: M#��s 4 Municipal Research and Services Center of Washinton 1 M4RC S OC Working Together for Excellence in Local Government Forms of Government Overview MRSC - August 2010 Washington cities and towns are organized under three principal forms of government: the mayor- council form, the council- manager form and the commission form. Of Washington's 281 cities and towns, 226(81 %0) operate under the mayor - council form, 54 (19 %) have adopted the council - manager form, and 1 (<1%) operates under the commission form. As a practical matter, the primary forms are the mayor- council and the council - manager forms, since there is only one remaining commission city and no cities have . adopted this form in recent years. Each of these alternative fouiis represents a somewhat different approach to organizing the political and administrative structure of a city or town government. In general, choosing the form of government is not an matter of how much legislative and/or administrative authority the city or town will have. That will be the same regardless of the form that is selected. The most significant differences between the two primary forms of government stem from the location and distribution of authority between the legislative and executive officials. These factors account for most of the differences between the two primary forms of government and have different implications for how a 411) city or town will be governed and administered. Mayor- Council Form of Government The mayor- council form consists of an elected mayor (elected at- large), who serves as the city's chief administrative officer, and a council (elected' either at -large or from districts), which serves as the municipality's legislative body. The council has the authority to formulate and adopt city policies and the mayor is responsible for carrying them out. The mayor attends and presides over council meetings but does not vote, except in the case of a tie. Mayoral veto authority is specified in the state laws relating to each city classification or is determined by local charter. In first class cities, the mayor's veto authority is specified in the city charter. In second class cities, the mayor may veto an ordinance, but the mayor's veto can be overridden by five members of the council. In code cities, the mayor may veto ordinances, but the mayor's veto can be overridden by a majority plus one of the entire council membership. Town mayors do not have a veto power. Many mayor- council cities have hired professional city administrators to serve under the mayor and assist with administrative and policy - related duties. By doing so, these cities hope to gain the benefits of professional management, allowing the mayor . to focus greater attention on policy development and political leadership roles. 1 Council- Manager Form of Government The council - manager form consists of an elected city council which is responsible for policy making, and a professional city manager, appointed by the council, who is • responsible for administration. The city manager provides policy advice, directs the daily operations of city government, handles personnel functions (including the power to appoint and remove employees) and is responsible for preparing the city budget. Under the council - manager statutes, the city council is prohibited from interfering with the manager's administration. The city manager, however, is directly accountable to and can be removed by a majority vote of the council at any time. The mayor in council- manager cities is generally selected by the city council. The person . selected must also be a councilmember. In optional municipal code cities or first class cities, the mayor may be directly elected by the people. The mayor presides at council meetings and is recognized as the head of the city for ceremonial purposes, but has no regular administrative duties. Commission Form of Government The commission form provides for the election of three commissioners who function collectively as the city legislative body and individually as city department heads. The three are elected at -large to fill the specific offices of commissioner of public safety (who also serves as the mayor), commissioner of finance and accounting, and commissioner of streets and public improvements (public works). Although one of the elected commissioners also has the title of mayor, he or she has • essentially the same powers as the other commissioners, and has no veto power nor any power to direct city administration except within his/her own department. The commmission appoints and removes officials by a majority vote. Procedures for Changing Form of Government Any city may change its form of government and adopt another authorized form of government. In general, the procedure may be initiated either by a resolution adopted by the city council or by a petition process, both of which are then followed by an election on the issue of reorganizing under a different form of government. For more detailed information on procedures for changing forms of government, see Reorganizing /Changing Form of Government. • • 2 °R9S9C— Municipal Research and Services Center of Washington Working Together for Excellence in Local Government 11110 • Comparing/Contrasting the Mayor-Council and Council-Manager Forms of Government Characteristics Mayor-Council Council-Manager Legislative authority Council Council Executive authority Elected mayor Appointed manager Appointed by council on the basis of Selection of CEO Popularly elected • experience Removed by a majority vote of the Removal of CEO Recall election council Tenure of executive 4-year term Indefinite Tenure of council 4-year term 4-year term Appointment of Mayor (with council Manager (no council confirmation) department heads confirmation if provided) 4111) Removal of • department heads Mayor Manager Veto Mayor Manager has no veto Policy development Fa73To propose Manager can recommend • [Policy implementation :or Manager Separation of politics from administration Separation of powers Promotion of economy and Underlying principles Political leadership • • efficiency through professional Strong central executive management Strong central executive e M S • C % Municipal Research and Services Center of Washington Working Together for Excellence in Local Government Municipal Research and Services Center Government Organization - Council - Manager Form * What are the major characteristics of the council- manager form of government? The council - manager form consists of an elected city council which is responsible for policy making and a professional city manager, appointed by the council, who is responsible for administration. The city manager provides policy advice, directs the daily operations of city government, handles personnel functions (including the power to appoint and remove employees) and is responsible for preparation of a budget. Under the council- manager enabling law, the city council is prohibited from interfering with the manager's administration. The city manager, however, is directly accountable to, and can be removed by the council at any time. The mayor in council - manager cities is selected by the city council from among its members. The charter of an optional municipal code city or first class city may provide for the mayor to be directly elected by the people. The mayor generally presides at council meetings and is recognized as the head of the city for ceremonial purposes, but has no regular administrative 4110 duties. * What are some of the arguments for and against the council - manager form of government? Arguments For the Council - Manager Form Administration of city business is removed from politics. Since city managers are appointed rather than elected, greater attention can be given to selecting a qualified manager. The pool of qualified candidates is larger since candidates can be recruited from as far as the city council desires up to and including a nationwide search. (Mayors must be a resident of the city prior to their election.) Since managers are appointed not elected, they are less likely to have political obligations which will affect the quality of their administration. Emphasis is placed on the role of the legislative body and its policy - making function. Council gets better cooperation and infoiniation because the city manager is their employee. Since manager serves at the pleasure of the council without a definite term, he /she can be removed at any time, limiting the danger of an abuse of authority. 110 The council /manager relationship is similar to the school board/superintendent relationship. 1 Arguments Against the Council - Manager Form The council - manager form gives too much power to one person -the city manager. A professional manager, often chosen from outside the city, does not know the community and is too far from the voters. Councils may leave too much decision making to the manager, who is not directly accountable to the public. Without an elected chief executive, the community lacks political leadership. The council- manager form is too much like a business corporation which is not suitable for managing community needs. City managers cost too much, local people could handle the job for less cost. Citizens may be confused about who is in charge. Most expect the mayor to respond to their problems. The mayor has no direct control over the delivery of services and can only change policy through the city council. A city manager may leave a city when offered a higher salary and greater responsibility in another city. ( *Note: These "arguments have been collected from a variety of sources and do not necessarily reflect the opinions of MRSC or MRSC Staff.) 110 Government Organization — Mayor - Council Form * What are the major characteristics of the mayor- council form of government? The mayor - council form consists of an elected mayor (elected at- large), who serves as the city's chief administrative officer, and a council (elected either at -large or from districts), which serves as the municipality's legislative body. The council has the authority to formulate and adopt city policies and the mayor is responsible for carrying them out. The mayor attends and presides over council meetings but does not vote, except in the case of a tie. In code cities, the mayor may veto ordinances; although the veto may be overridden by a majority plus one of the entire council membership. In second class cities, the mayor may veto an ordinance, but the mayor's veto can be oven by five members of the council. In first class cities the mayor's veto power is specified in the charter. Town mayor's have no veto power. A growing number of mayor- council cities have added' a professional position of city administrator or chief administrative officer (CAO) in the mayor's office. CAO's serve under the mayor and assist with the mayor's administrative and policy - related responsibilities. In theory, the appointment of a CAO frees the mayor from the need to attend to administrative details and allows the mayor to focus greater attention on policy development and political leadership roles. 2 * What are some of the arguments for and against the mayor - council form of government? 411 Arguments For the Mayor- Council Form This is the form that is familiar to most Americans because it is patterned after our traditional national and state governments. There is a separation of powers between the executive and legislative branches. There are checks and balances. Also separation of powers provides healthy independence, debate and creative tension. Separate legislative and executive branches provide the best opportunity for debate and consensus building. • By electing, rather than appointing a mayor, political leadership is established. The city has a political spokesperson who has a high degree of visibility. Some argue that an elected mayor will have a higher standing and greater voice in regional affairs of the city. In most cities the mayor is vested with the veto power, and can serve as a check on an unpopular council decision. A professional administrator can be hired to assist the mayor in the management of the city's operations thereby freeing the mayor to concentrate on political leadership or to offset weaknesses in the mayor's management background or experience, but the mayor is still • ultimately responsible. Arguments Against the Mayor- Council Form The office of the mayor gives too much power and authority to one person. It permits an incumbent to make decisions based largely on political considerations, and to use the office to further personal political objectives. • The qualities needed to win an election are not the same qualities needed to manage a modern • city. A mayor while politically astute may not always possess the necessary management training and experience. • If an elected mayor proves to be incompetent or worse, he /she cannot be removed until the end of their term, or after an expensive and divisive recall election. A separately elected mayor may resist requests from the council. The mayor may attempt to isolate the council by controlling staff, information, and reports. ( *Note: These "arguments" have been collected from a variety of sources and do not necessarily reflect the opinions of MRSC or MRSC Staff) • 3 C Municipal Research and Services Center of Washington Working Together for Excellence in Local Government • From July 20, 2010 MRSC Inquiries Question: Which cities have a mayor and a city administrator? Answer: First, it is important to note that the term "city or town administrator" is not universal. The essential functions of such a person might also fall under the following titles: • Administrative Assistant • Administrative Assistant to the Mayor • City Administrator • City Superintendent • City Supervisor • Executive Assistant • Executive Assistant to the Mayor ® • Operations Director /Chief of Staff • Town Administrator A large number of mayor- council cities have added a professional position of city administrator or chief administrative officer (CAO) in the mayor's office. CAO's serve under the mayor and assist with the mayor's administrative and policy - related responsibilities. In theory, the appointment of a CAO frees the mayor from the need to attend to administrative details and allows the mayor to focus greater attention on policy development and political leadership roles. According to the AWC 2009 Salary & Benefit Survey the following cities have established city or town administrator positions: Cities 50,000 and over: • Bellingham Chief Administrative Officer • Everett Chief Administrative Assistant • Kent Chief Administrative Assistant • Renton Chief Administrative Officer • Spokane City Administrator Cities 30,000 - 49,999: • • Marysville Chief Administrative Officer 1 Cities 15,000 - 29,999: • Arlington City Administrator • Bonney Lake City Administrator • Camas City Administrator • Issaquah City Administrator • Monroe City Administrator • Mukilteo City Administrator • Oak Harbor City Administrator • Pullman City Supervisor • Tukwila City Administrator • Tumwater City Administrator Cities 7,500 - 14,999: • • Burlington City Administrator • Cheney City Administrator • College Place City Administrator • DuPont City Administrator • Enumclaw City Administrator • Ferndale City Administrator • Grandview City Administrator • Hoquiam City Administrator • Lake Forest ParlAity Administrator • Lake Stevens City Administrator • Lynden City Administrator • • Shelton City Administrator • Snoqualmie City Administrator • Sumner City Administrator • Washougal City Administrator • West Richland City Administrator Cities 2,500 - 7,499: • Algona City Administrator /Clerk Treasurer • Black Diamond City Administrator • Buckley City Administrator • Chelan City Administrator • Clyde Hill City Administrator • Colfax City Administrator • Connell City Administrator • Ephrata City Administrator • Gig Harbor City Administrator • Goldendale City Administrator /Manager • Medical Lake City Administrator • Milton City Administrator • Moxee City Supervisor/Public Works Supervisor • North Bend City Administrator • Omak City Administrator • Oiling City Administrator • Othello City Administrator 2 • Prosser City Administrator • Quincy City Administrator • Selah City Supervisor 110 • Stanwood City Administrator • Steilacoorn Town Administrator • Sultan City Administrator • Warden City Administrator • Yelrn Chief Administrative Officer Cities 1,500 - 2,499: • Bridgeport Administrator • Chewelah City Administrator • Cle Elum Administrator • Davenport City Administrator • Eatonville Town Administrator • Friday Harbor Town Administrator • Leavenworth City Administrator • Newport City Administrator • McCleary City Administrator /Public Works Director • Newport City Administrator • South Bend City Supervisor • Westport City Administrator Cities 500 - 1,499: • Bingen Administrator • La Conner Administrator • Naches Administrator • Roslyn City Administrator • Stevenson City Administrator • Woodway Town Administrator 3 trr t4- ' - sE •+ " Fn rz .a S�S':..3's' ��,,," �,. � ,',rsa�'���'�?��,'..��''�� �c""�s *.? ' u:�* .' . ry i e� • R Municipal Research and Services Center of Washington Working Together for Excellence in Local Government Ell Washington Cities Incorporating Under, Adopting or Abandoning the Mayor - Council, Council - Manager and Commission Forms Of Government from 1970 to 2009 Cities Incorporating .under the Mayor- Council Form Liberty Lake (2001) Cities Incorporating Under Council Manager Form Ocean Shores (1970) Mill Creek (1983) SeaTac (1990) Federal Way (1990) Woodinville (1993) Burien (1993) Newcastle (1994) Shoreline (1995) University Place (1995) Lakewood (1996) Edgewood (1996) Covington (1.997) Maple Valley (1997) Kenmore (1998) Sammamish (1999) Spokane Valley (2003) Cities Changing from the Commission to the Mayor - Council Form Wenatchee (1999) Raymond (1998) • 1 Cities Changing from Commission to Council- Manager Form Chehalis (1975) Olympia (1982) Centralia (1986) Cities Changing from Mayor - Council to Council Manager Form Snohomish (1972) Bothell (1973) Toppenish (1973) Lacey (1973) Ferndale (1981) Blaine (1982) Goldendale (1986) Fircrest (1988) Sequim (1995) Ephrata (1995) Battle Ground (1996) Port Townsend (1998) Fife (1999) Carnation (2000) Ridgefield (2000) Airway Heights (2002) Bainbridge Island (2009) Cities Changing from Council - Manager to Mayor - Council Form Bonney Lake (1973) Anacortes (1982) Goldendale (1994) Ferndale (1999) Spokane (2001) Ephrata (2003) Ocean Shores (2007) • 2 • • • City/County Government Basics Leadership Yakima City Government in Washington State 281 incorporated cities and towns in Washington State 3 forms authorized by state law - Mayor /Council - Council /Manager - Commission is • • • • • Mayor /Council - Original form i n Washington State - Only practical form at the time - Only form authorized by law - No professional /skilled administrators existed Mayor/C�undil - Council - legislative Body - Sets overall policy - Adopts budget - Mayor — Chief Administrative Officer - Develops and administers budget - Hires (and fires) city employees - Carries out policy set by Council - Presides at Council meetings but does not vote - Has veto power (but can be overridden by Council) • • • Mayor/Council 229 of 281 cities in Washington State - About 56% of state's population - Common for very large or very small cities - Of Top 10 biggest cities in Wa. St. - 5 are mayor /council - Seattle, Spokane, Everett, Kent * Federal Way in 2010 - 200 of 228 have populations below 5,000 - 100 of 228 have populations below 1,000 Mayor/Council Yakima County - 11 of 14 cities and towns - Selah - Zillah - Naches - Moxee - Union Gap - Harrah - Wapato - Mabton - Grandview - Tieton - Granger - 9 of 11 have populations below 5,000 • 41) • Co g uncl Mana er - Newest form in Washington State - Authorized by the State Legislature in 1943 - Sunnyside first to adopt - 1948 - Adopted by Yakima - 1959 - Progressive Reform Movement - Early 1900s - Answer to excesses of "Political Machines" - Intended to bring business practices and professional management to city government C - Council - Legislative Body ▪ Sets overall policy - Adopts budget - Serves as "board" of corporation - Mayor elected by Council - Acts as "chair" at meetings - No greater authority than any other Council member - Manager -Chief Administrative Officer - Develops and administers budget - Hires (and fires) city employees - Carries out policy set by Council 1 • 1 Council/Manager - 51 of 281 cities in Washington State - About 44% of state's population - Common for medium to large cities - Of Top 10 biggest cities in Wa. St. - 5 are council /manager - Tacoma, Vancouver, Bellevue, Spokane Valley, Yakima ▪ 48 of 51 have populations above 5,000 - 28 have populations between 20,000 & 200,000 Council/Manager Most common for new cities in Wa. St. - 15 of 16 new cities in state over last 25. years - Mill Creek (1983) - Newcastle (1994) - Covington (199.7) - SeaTac (1990) - Shoreline (1995) - Maple Valley (1997) - Federal Way (1990) . - University Place (1995) - Kenmore (1998) - Woodinville (1993) . - Lakewood (1996) - Sammamish (1999) - Burien (1993) - Edgewood (1996) . - Spokane Valley (2003) - Most common change in form - 30 cities have changed form since 19 - 19 of 30 changed from mayor /council to council /manager - 9 of 30 changed from council /manager to mayor /council - 2 of 30 changed from commission to mayor /council ® ® • • • • Council /Manager Yakima County - The 3 largest cities in the County - Yakima - 84,000 - Sunnyside - 15,000 - Toppenish - 9,000 Commission - Second oldest form in .Washington State - Tacoma & Spokane - 1910 - Changed in 1950s - Yakima adopted in 1911 - Changed in 1959 - Progressive Reform Movement - Early 1900s - Answer to excesses of "Political Machines" - Intended to increase political accountability and improve efficiency and. responsiveness • • Comm - 3 Commissioners - Commissioner of Public Safety - Commissioner of Streets & Public Improvements - Commissioner of Finance & Accounting - Combined Legislative and Administrative - Set policy as legislative body - Carry out policy as department heads - Hire (and fire) city employees - One commissioner serves as mayor to chair meetings Commission - Reached height in 1940s - 15 cities and towns - About 40% of state's population - Proven largely ineffective - Politicizes city management - Has no one person in charge of administration - Only 1 of 281 cities in the state - Shelton • • • Mayor /Council /Administrator - Grown in popularity last 10 - 20 years - Combines elected political leadership with professional management - Administrator serves as assistant to Mayor - Mayor focuses on policy and leadership - Administrator focuses on day -to -day operations Mayor /Council /Administrator - Titles vary - City Administrator - Chief Administrator - City Supervisor -City Superintendent - Chief of Staff - City Manager - Roles Vary - Management of specific department (public works, utilities, etc.) - Finance and Budget - General city administration - • • • Mayor /Council /Administrator - Washington State - 3 of 4 "Top 10" cities with mayor /council - Spokane, Everett, Kent - 90 of 228 cities with mayor /council - Yakima County - 7 of 11 cities with mayor /council - Selah -Union Gap (unfilled) - Grandview - Zillah (unfilled) - Naches - Mabton (unfilled) - Moxee • • CITY OF YAKIMA • 411 c)fk-o of the \Iaiior �.' y, CITY HALL, YAKIM.4, WASHINGTON 98901 Phone: (509) 575-6050 • • • • • CITY OF YAKIMA PRESS RELEASE • 12/15/87 • • Issued by: YAKIMA CITY COUNCIL Subject: • Petition to Abandon Council - Manager Government and Establish a •Strong -Mayor Form of Government • The City Council has received a petition from Mr. Larry Mathews requesting that an election be held to amend the Yakima City Charter Articles II and III. These amendments, if approved by the voters, would abandon the present system of City operations from .a Council- Manager form of government to a "Strong Mayor" -City Council Government. • Under.the Revised Code of Washington,- the City Council is required to submit the proposed amendment to the voters in the event that three basic requirements presented in the. law are met. The City Attorney has determined that those three requirements • have been met: it is a specific charter amendment; it does deal with matters of local affairs' or municipal.business; and. it appears that the petition contains signatures "equal to fifteen percent of the number of votes cast in the last preceding election." 'In order to not conflict with other ballot issues and to allow full discussion of the proposal on its.own,.the City Council has decided that the proposed'election will be held in March 1988. The proposal calls for a "Strong Mayor" form of government with an elected Mayor plus a nine member Council. The proposal would eliminate the present Council- Manager form which has a seven member Council with the Mayor elected from its membership. • The proposed Charter amendment contains both procedural and substantive defects. :Proposed Article II. Section lA states that the. elected officers of the City of Yakima shall consist of a mayor and nine council members. In addition, this section goes on to' say that the council members shall be elected from four districts and five city council members shall be elected at large. However, Article II, Section 1B(1) requires the council to divide the city into five districts as nearly equal in population as • practicable.' After each ten year census the districts should be redivided into five districts on an equal basis. Article II, • Section 1B(2) requires the city council to redistrict the city into four districts as nearly equal in population as practicable whenever the population of any District exceeds the population of any other district more than 10 percent. Finally, Article II, • • Section 1D(1) states that four District City Council members shall • be elected in a manner provided by . Article II, Section 1C. There appears to be a conflict as to whether there shall be four or five district positions and under what circumstances they shall be created. Article II, Section 1C(1) appears to create a transition from five at large positions to four at large positions and five district positions after the 1990 census -based redistricting. But the transition from four to five district positions runs contrary to the language in Article II, Section lA which says members shall be elected from each of four districts and Article II, Section 1D(1) which states that four council members shall be elected to district positions in a manner provided in Subsection C of Section 1. Subsection C(2) of Section 1 not only sets out the manner of election, it purports to change the number of district seats. This change is directly contrary to Sections lA and 1D(1) of Article II. Even if it is assumed that the proposed Charter amendment intends five district positions to be ultimately in place after the 1990 redistricting, this could change to four positions upon mandatory redistricting under Article II, Section 1B(2). This occurs when the population of any district exceeds the population of another district by more than 10 percent. Thus, the proposed amendment requires nine elected council positions but contains a mechanism for leaving the city with only eight. If the proposal is adopted, and the council - Manager form were abandoned, these defects and ambiguities would have to be decided by a court of law. The proposed "Strong -Mayor Form" of government vests considerable administrative and legislative power and authority in the hands of one elected official who would have veto power over a majority of the City Council and line item veto in the City Budget. The Council, in a very real sense, may become subordinate to the Mayor on many critical issues. The Mayor cannot be directed or removed by the City Council. The current Council - Manager form of government was passed by the voters of the City of Yakima in 1959 to establish a fair, non- partisan, and cooperative form of government. There are over 2,500 communities with the Council- Manager form of government and it is the single most popular form of local government in cities between 10,000 and.100,000 population. The Council- Manager form is based on a premise of unity of power, cooperation, and teamwork. Power in the Council - Manager government is assigned to the Council as a whole. Every Council . member has the same rights, obligations and opportunities as every other Council member. It is a body that works together in governing the City. 41) • 0 The Council appoints and establishes policy for a professional • • manager to administer City public services. The Council- Manager form contemplates an absence of patronage and an absence of undue political or economic influences by any individual Council Member or Mayor. All elected Council members are equal to one another. Professional. administration and community based policy setting are the inherent strengths of the Council - Manager form. The Council may at any time remove the City Manager from office by a simple majority vote. • The key issue is the role and responsibility of the Council Under • the present form, there is a body that must work together and shares equal power. In our view, change for the sake of.change is unwarranted. The Council will comply with law and hold an election, However, • we believe this is a costly and defective proposal. • • • • • • • • • • • • • • • • • • • • RESOLUTION NO. A RESOLUTION providing for the submittal to the electors of the City of Yakima, Washington, at a special election on March 15, • 1988, a proposition to amend Articles II and III of the City of Yakima Charter. WHEREAS, Articles II and III of the City of Yakima Charter, presently contain the language found in Attachment A; and WHEREAS, the proposed amendment of said Articles II and III in the form of a petition, Attachment B, has been submitted to the City Council on December 1, 1987; and WHEREAS, the City Clerk has verified sufficient valid signatures on said petition so as to comply with the terms of RCW 35.22.120; and WHEREAS, the City Council deems that the a special election date of March 15, 1988, will provide ample time for public deliberation and consideration of such petition as well as providing a single issue ballot, now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: Section 1. That the City Council of the City of Yakima, in compliance with RCW 35.22.120 and Article XIII of the City of Yakima Charter hereby places before the voters the proposed amendment to Articles II and III of the City of Yakima Charter, a true copy of which is found in Attachment B to this resolution which is incorporated herein as if it was fully set forth in this resolution. Section 2. That a special election shall be held on Tuesday, March 15, 1988, within the City of Yakima at which time there shall be submitted to the electors for their approval or rejection a proposition as to whether Articles II and III of the City of Yakima Charter shall be amended as provided by Section 1 of this resolution. • Section 3. That the ballot title to be submitted to the electorate shall read as follows: "PROPOSITION NO. 1 CITY CHARTER AMENDMENT PROPOSITION Shall the City of Yakima abandon its present Council - Manager plan of government and adopt City Charter amendments eliminating the City Manager, providing for a Mayor- Council plan of government, popular election of a Mayor as chief administrator every four years, increasing the City Council from 7 to 9 members, and electing district council members from their district only? For the Charter amendments Yes [ ] Against the Charter amendments No [ )" Section 4. That the Auditor of Yakima County, Washington, is hereby requested to submit the aforesaid proposition to the electorate of the City of Yakima for their approval or rejection at a special election to be held on March 15, 1998, all in accordance with applicable laws; and the Clerk of the Council is hereby directed to notify the Auditor of Yakima County, Washington, of the passage of this resolution and to do all other things necessary in the time and manner required by the law to the end that the proposition set out herein above shall be submitted to the electorate of the City of Yakima, Washington, as aforesaid. ADOPTED BY THE CITY COUNCIL this day of January, 1988. MAYOR ATTEST: • CITY CLERK . DLEGAL A3 ' • • • 4111 COST ANALYSIS S TRONG MAYOR VS. COUNCIL /MANAGER GOVERNMENT (A) (B) • (C) PRESENT. STRONG MAYOR STRONG MAYOR C/M FORM FORM FORM . SALARY COST MATHEWS, EST. CITY EST. .VARIANCE Mayor • $ 7,800 $ 56;637 (1) $ 64,667 (1) Deputy Mayor $ -0- $ 53,944 $ 56,637 (2) City Manager $ 64,667 $ -0- $ -0- Asst. City Manager $.53,944 V -0- $ -0- City Council $ 23,400 $ 35,100 $ 35,100 (3) $3,900 Ea. Annually (6 members) (9 members) Sub -Total $149,811 $145,681 $156,404 (4) + $ 6,593 more than present form + $10,723 more than Mathews estimate •irector of Admin. Services $ -0- $ -0- $ 53,944 (5) Dept. Assistant II $ -0- $ -0- $ 12,229 (6) Total $149,811 $145,681 $222,577 (7) + $72,666 more than present form + $76,896 more than Mathews estimate (1) The proposed Strong Mayor Charter stipulates that the Mayor's salary shall not be less.than the highest paid City employee. Mr. Mathews has therefore set the Mayor's salary at $56,637 which equals the City Attorney. However, state law requires that elected officials' salaries shall not be increased during their term of office. Because of normal increases in management pay levels annually, which would increase the City. Attorney's pay, the Mayor's salary will have to be approximately 15% higher for the four -year term of office in order to ccsnply with the new Charter pay requirements and with State law. The City projects that the Mayor's salary will be at least equal to the City Manager. (2) Deputy Mayor replaces the City Manager as Operating Manager over all City Departments. ® (3) City Council salary costs increase $11,700 due to the increase from a seven member to a nine member Council. . (4) At an absolute minimum, the cost to change from Council /Manager to Strong Mayor is $6,593 more than current costs, and $10,723 more than Larry Mathews' estimate. (5) The Director of Administrative Services assumes functions of present Assistant City Manaoer as Department Head over Personnel, Purchasing, City Clerk, Capital • The Council- Manager Form of Government: • Answers to Your Questions • Q: What is the council- manager form, which is used in so many local governments? • A:. • The council- manager form is 'the system of local government that combines the strong political leadership of elected officials in the form of a council or other governing body, with the strong managerial experience of an appointed local government manager. The form establishes a representative system where all power is concentrated in the elected council and where the council hire's a professionally trained manager to oversee the delivery of public service's. • Q: Is it a responsive form of government? A: In council- manager government, council members are the • leaders and policy makers elected to represent various segments of the community and to concentrate on • policy issues that are responsive to citizens' needs and wishes. The manager is appointed by council to carry out policy and ensure that the entire community is being served. If the manager is not responsive to the council's wishes, the council has authority to terminate the manager at any time. In that sense, a manager's responsiveness is tested daily. • Q: What is the council's function? A: The council is the legislative body; its members are the community's decision makers. Power is centralized in the elected council, which approves the budget and determines the tax rate, for example. The • council also focuses on the community's goals, major projects, and such long -term considerations as community growth, land use development, capital improvement plans, capital financing, and strategic planning. The council hires a professional manager to carry out the administrative responsibilities and supervises the manager's performance. • Q: What is the manager's function? • A: The manager is hired to serve the council and the community and to bring to the local government the benefits of training and experience in administering local government projects and programs on behalf of the governing body. The manager prepares a budget for the council's consideration; recruits, hires, and supervises the government's staff; serves as the council's chief adviser; and carries out the council's policies. Council members and citizens count on the manager to provide complete and objective • information, pros and cons of alternatives, and long -term consequences. Q: What is the cost to the local government of appointing a professional manager? A: Local governments have found that overall costs actually have been reduced with competent management. Savings come in the form of reduced operating costs, increased. efficiency and productivity, improved'revenue collection, or effective use of technology. • Q: Does the manager participate in policy determination? A: The manager makes policy recommendations to the council, but the council may or may not adopt them and may modify the recommendations. The manager is bound by whatever action the council takes. • • 2 Q: Where does the mayor fit in? • A: Mayors in council- manager communities (or chairpersons in counties) are key political leaders and • policy developers. In the case of the council, the mayor is responsible for soliciting citizen views in forming these policies and interpreting them to the public. The mayor presides at council meetings, serves as a spokesperson for the community, facilitates communication and understanding between elected and appointed officials, assists the council in • setting goals and advocating policy decisions, and serves as a promoter and defender of the community. In addition, the mayor serves as a key representative in intergovernmental relations. The mayor, council, and manager constitute a policy - development and management team. Q: Are all council- manager governments structured the same way? • A: No. One of its most attractive features is that the council- manager form is adaptable to local conditions and preferences. For example, some communities have councils that are elected at large while other councils are elected by district. Some local governments have mayors who are elected by the voters at large; others are elected by their colleagues on the council. Q: Is this form of government used only in certain kinds of cities? A: No. In fact, it is riot restricted to cities. It is used by counties too. Currently, 3,625 cities operate under this form. Additionally, 529 counties indicate that they operate under the county administrator form. They vary greatly iri size and characteristics, including independent cities, center cities, suburbs, and counties. . Q: How many Americans live in communities that operate under council - manager government? A: More than 75.5 million. Q: Is the form popular in large communities? A: Yes. Out of 199 cities with greater than 100,000 citizens, 112 use this form of government. Some examples are Phoenix; San Diego; Dallas; Cincinnati; San Antonio; Kansas City, Missouri; and Mecklenburg County, North Carolina. Q: How much citizen participation is possible under council - manager government? A: Successful examples of citizen participation in the local government service delivery decision- making process are widespread among professionally managed U.S: communities. Because professional local government management offers government of the people, by the people, and for the people, it sets the stage for citizen activism by encouraging open communication between citizens and their government. Examples range from visioning, in which citizens play a major role in determining the future of their community, to neighborhood service delivery, which involves residents through the development of citizen/government partnerships, to community- oriented local government services. • • 3 • Because political power is concentrated in the entire governing body rather than one elected official, more citizens have an opportunity to be elected to a position in which they have significant influence over the future of their community. Q: What is the history of the council- manager form? A: Born out of the turn-of -the- century progressive reform movement, the council- manager system of local government is one of the few original American contributions to political theory. In 1908, Staunton, Virginia, instituted the first position legally defining, by ordinance, the broad authority and responsibility associated with today's professional local government manager. Sumter, South Carolina, was the first city to adopt a charter incorporating the basic principles of council- manager government in 1912. Westmount, Quebec, introduced the form to Canada in 1913. The first large city to adopt the plan was Dayton, Ohio, in 1914. The first counties to adopt it in the 1930s were Arlington County, Virginia, and Durham County and Robeson County, North Carolina. Since its establishment, the council - manager form has become the most popular form of government in the • United States in communities with populations of 5,000 or greater. The form also is popular in Canada, Australia, the Netherlands, New Zealand, the United Kingdom, and Honduras, Chile, and Brazil. For more than 85 years, council - manager government has responded to the changing needs of citizens and their communities. Q: How can a community adopt this form of government? A: Methods vary, but most communities can adopt council - manager government through a charter, a • local ordinance, or a state enabling law. In many cases, adoption must be by vote of the local governing body. For information on how your community can adopt council- manager government, contact your state municipal league or association of counties. You can find the addresses of these organizations in The Municipal Year Book at your local library. • Q: How is the manager selected? A: The vacancy usually is announced in the ICMA Newsletter, and managers, assistants, and others who are interested apply directly to the council. The council conducts a search for candidates, often by inviting managers in other communities to apply if they are interested. ICMA makes no recommendations regarding candidates. Further information is available in the handbook Recruitment Guidelines for Selecting a Local Government Administrator, published by ICMA. • Q: Does the manager have to be a local resident at the time the appointment is made? • A: No. Local residence should not be required in the appointment of a manager. Managers are professionals who might serve several communities during their careers, bringing extensive experience coordinating public services and applying management techniques to a community. • Q: What salary does the manager receive? A: Earnings of managers depend on their educational background and experience, the size 'and complexity of the local governments employing them, and the economic conditions of the regions where • communities are located. The council sets the manager's salary. Detailed information on salaries is compiled annually by. ICMA and is available on request. • • • • 4 • Q: Can the manager be fired? A: Managers serve at the pleasure of the council or governing • body. They can be fired by a majority of the council, consistent with local laws, ordinances, or employment agreements they may have with the council. Control is always in the hands of the elected representatives of the people. Q: Where do managers get their prior experience? A: Nearly 73 percent of managers surveyed by ICMA have a master's or professional degree. Respondents indicated that they had spent an average of 10 years as a local government manager. Q: Do managers participate in local politics? . A: All managers who belong to ICMA are bound by its Code of Ethics, which states that every member of the Association shall "refrain from participation in the election of the members of the employing legislative body, and from all partisan political activities which would impair performance as a professional administrator." • Q: What else does ICMA's Code of Ethics cover? A: The Code specifies 12 ethical principles of personal and professional conduct, including dedication to the cause of good government. ICMA members believe in the effectiveness of representative democracy and the value of government services provided equitably to citizens within a community. ICMA members also are committed to standards of honesty and integrity more vigorous than those required by the law. Contact ICMA for a copy of the Code of Ethics. Q: What is ICMA? A: In 1914, a group of appointed managers formed a professional association, eventually known as the International City /County Management Association (ICMA), to share their expertise and experiences in local government management. Since that time, ICMA has beenthe professional organization for appointed chief management executives in local government. The purposes of ICMA are to enhance the quality of local government through professional management and to support and assist professional local government administrators internationally. To that end, the Association provides technical assistance and publications for local government professionals to help them improve their skills and increase their knowledge. ICMA also serves as a clearinghouse for the collection, analysis, and dissemination of information and data about local • government. For further information on items referenced in this brochure, contact ICMA's Office of Member Services, 202/962 -3680. Q: Is there another organization that supports council- manager government? A: Yes; the National Civic League is a nonpartisan citizens organization founded in'1894. Its purpose is to serve as a clearinghouse for information on methods of improving state and local government; to encourage citizen participation in state and local government; and to provide guides, model charters, and • 5 • laws on specific subjects. The League's Model City Charter, now in its seventh edition, has endorsed council- manager government since 1915. # ## • Remarks by Rick Linneweh, Chairman of the Citizens to Retain Council - Manager Government issued to the City Council and the media on January 19, 1988. • • • Citizens to Retain Council - Manager Government Steering Committee Members Rick Linneweh - Chairman Royal Keith Administrator Don McGuinness,. M.D. Yakima Valle Memorial President Pediatrician Hospital y Keith & Keith Funeral Home Fred Andrews Ron King 011ie Attorney - retired Sales Manager sD E i 9 Exee cutiveve Director Lodestar Communication Group YMCA Greta Atwood Lenore Lambert President Owner Preston Shephard General of Women Voters The Wine Cellar Nob Hill Water Manager Wer Wray Brown * Jack LaRue Grocer - retired Former Police Chief W Dr Sn Superintendent Yakima School Distric #7 Bob Clem Mel Lewis Advertising Executive Gary Webster B & M Advertising Partner General Manager 9 Terril, Lewis & Wilke Yakima Chamber of Commerce Insurance Betty Edmondson * Jim Lust * Former Mayor Attorney Joe Wilson Member of Executive Commit American Federation of City, County & Municipal Employees (Local 1122) Mailing Address: P.O. Box 2824 Yakima, Washington 98907 * Former City Council Members 4111 • I'm here today to advise you that a citizen's group has been 410 formed . with the purpose to work to retain the present council /manager form of government that will be voted upon on March 15. Our name is - Citizens to Retain Council - Manager Government. The Steering Committee's membership is as shown on the sheet I have just handed to you. It, I believe, represents a broad and respected assemblage of people. I specifically draw your attention to the representation from the League of Women Voters and the Yakima Chamber of Commerce. It is significant to point out at this early stage that both.of these important groups in political affairs are opposed to the proposed Charter Amendment. We, the Citizens to Retain Council Management Government have three very grave concerns: 1. This process of petitioning to amend the Charter and establish a new form of city government, while legally - acceptable, scares us - it is narrow -in analysis and • • development, it's been a completely. closed process - no public forums involved - it simply is one person's crafting of his version of what he considers to be the best governmental form. 2. We are gravely 'concerned that there is a very real mis- understandinq'of what.has been proposed by the petitioners - the' proposed Charter Amendment is flawed, not only-in its • concepts, but definitely its construction. 3. We are concerned that apathy towards the issue may exist such that it may - lead to poor voter turnout on March 15. We may end up with,a change in government not by design but by . default. Therefore, over the next several weeks leading up to the election on March 15, we the committee plan to: • a. -To make city government a.public topic. b. To demonstrate the very real and damaging shortcomings . of the proposed amendment. • c. To provide real examples 'of the many real accomplishments Yakima has benefited from through the present form of government. • d. To get voters out on March 15. For we beleive that once citizens of Yakima re- evalute the present form of government they now have - .that, is the Council/ Manager form; once they learn. what the petitioners are-really proposing; and once they voice their opinion'.in-the ballot box on March 15, 'they will overwhelmingly reaffirm their support and confidence in our seven member City Council - which sets our city's policies - ® and in the professionally trained .City Manager position - who carries those policies out. We also believe that this issue is not a "ho- hummer" - for how many times in a person's life will they have the opportunity to fa) make a critical decision on what kind of government they want to live under? At the risk of telling you facts that you may already know, but to . let you better understand the foundation of our efforts, I offer the following: . There are 2,521 Council /Manager cities in the U.S. . 54% of U.S. cities over 25,000 in population have our present form of government. . The Council /Manager form of government is the single most popular form in cities over 10,000 in population. . Our present form of government is adopted more than once every week by a city /county. This has been true since 1945. (That means 61 adoptions annually.) . The Council /Manager form of government is growing faster than any other form of government. • The Council /Manager government is regarded as the greatest American contribution to the improvement of government. . In our present form of government, real power is in the City Council. The City Manager has the responsibility to carry out your decisions. He does not have independent power. • The Council /Manager government's most important difference from the other forms of government, and particularly the proposed amendment, is that it provides for an extremely strong popularly elected City Council and a professional administration by a City Manager selected by this Council for his training, knowledge and experience rather than his political popularity. . The Council /Manager form of government is based upon a premise of unity of power, cooperation and teamwork. Power in the Council /Managerr government is a sign to the Council as a whole. Every Council member has the same rights, obligations, and opportunities as every other Council member. It is a body that works together in governing the city. These facts tell us some important things: . To change the Charter Amendment as proposed in this petition is a step backwards in our governmental form. To change the Charter Amendment as proposed by this petition transfers power to the mayor '(away from the Council) and ,puts the running of the day -to -day activities in the hands of a • politically popular but not necessarily trained, • knowledgeable, or experienced administrator. • In addition, analysis of the proposed Amendment shows, and importantly the author of the petition readily. admits, that the amendment we. the citizens of Yakima will actually vote upon, on March_ 15,.'contains' both procedural and substantive defects which, if the proposal is successful,. will require additional court rulings and /or additional elections to rectify. Specific reference is made to the issue of how many district council members there will actually be and how their districts will be created. The proposers_ of the amendment to the Charter suggest that their change will allow you to vote for the mayor. The reality of the proposal is not just to popularly vote for the mayor, it's to change the whole shape, size and character of the position of the mayor. .Under their proposal.: *' 1. The mayor can independently set policy. * ., • 2. The mayor takes over control of the budget with a line item veto power. 3. The mayor appoints and removes members of city boards and commissions with•no City Council control. 411 4... The mayor can veto: ordinances passed by the City Council. These are just to name a few. This, then, is more than a. mere face lift - this is major reconstruction! We the Citizens to Retain Council - Manager Government also believe that it is practically unamerican not to have a "beef" sometime in your life with how government, acts or what government decides. However, that does not and should not lead directly to an abandonment of • one form of government and to a quickly implemented,: poorly conceived replacement. That is precisely what is being proposed at the election on March 15. From personal experience, I have come before this body in the past and presented many ideas, plans, and /or proposals. Sometimes I • have left with the answer I wanted and considered you a very • capable and understanding body. Sometimes I have left with a different answer and therefore different thoughts on your _capability and your understanding! But each time I came here, I knew I was going before a body where all the decision makers were empowered with equal rights, obligations and jurisdictions. There was no one formally defined "power broker" as would exist in the proposed amendment. I would be heard;.and.my idea, plan and /or ® proposal would be given appropriate consideration if the Council, as a deliberating body, saw merit in my proposal. • • 5. The mayor is not required to attend Council meetings. A subordinate could be sent by the Mayor to the Council meetings. Whereas our present form of Council /Manager government provides: 1. Seven Council members, responsive to the citizens, who have equal say in setting policy and goals for the city, adopting budget, levying city taxes, hiring and overseeing of professional Chief Executive Officer. 2. A Council which hires a trained, experienced professional City Manager as Chief Executive Officer to run the day -to -day business of the city. The City Manager hires professionals to operate city departments and manage the city's forty -four million dollar operation with a twenty -one million dollar payroll for 535 employees. The City Manager advises Council on day -to -day issues, complex relationships with state and federal agencies, prepares the budget for Council consideration and brings professional education, knowledge and experience to city administration. 3. Continuity, stability and financially sound city government exist which are essential for services to the citizens and for future economic development. In closing, if I were to bundle up all my comments into one neat, simple and straightforward concept, it would be this - the proposed Charter Amendment to change our present form of . government is simply the wrong medicine for the wrong patient! And we as concerned citizens along with thousand of others are going to try our hardest to correct it before any damage is done! Thank you for allowing me time on your agenda to express the opinions of our Citizens' group. • • • fi All the moaning and groaning aside, simply stated - we believe we, . the citizens of Yakima, have done well - very well, by our current Council /Manager form of government. Since its inception in 1959, progress, involvement, professionalism, effectiveness, efficiency, • and responsiveness have been the building blocks that have made our present form of government successful. We believe the achievements. are many. Just to highlight a few, I can name: • Capitol Theater Convention Center Waste Treatment Plant • Downtown Development Project • New Fire Stations • Joint City /County Regional Plan Modern Transportation System • Major Street Improvements Comprehensive Water and Sewer Plans Extremely Successful Clean -up of Mt. St. Helens Eruption These kinds of actions do.not suggest abandonment. We believe they _suggest a vote of confidence in our form of government on March 15. And last, but not least, we know, that our efforts do not revolve around you individually as Council members, or around Richard Zais as City Manager. We hold you in high regard, but this effort is • not personality driven. It is driven because we, like thousands • of others in this community, believe that that which was put into place in 1959 still is the better way to be governed. Our analysis shows that this is what it would mean to have a strong mayor: 1. Most likely, an elected Chief Executive Officer, the mayor under the proposed form, would not be a professionally • ' trained public manager or experienced to manage a forty -four million dollar public operation with 535 employees, 142 different service units, and 72 funds, let alone cope with state and federal regulations, negotiate with regulatory agencies, ,special interest groups and litigation threats. 2. A weak Council would emerge. The nine Council members under the proposed form have little more than an advisory role, .vis -a -vis the strong mayor. 3. A probable increase in salaries for the mayor and the Council members would develop. Plus additional salaries for any other persons the mayor would appoint - without necessary concurrence of a s majority of the Council 'members. It would not be less expensive, but likely more expensive in supplying current services. 4. The mayor is virtually a one - person show. The mayor has the power to veto ordinances, 'appoint and remove all city • officers and employees. A mayor with such complex duties would probably not be more accesible to the citizens. • • CITIZENS TO RETAIN COUNCIL - MANAGER GOVERNMENT • • •ERING COMMITTEE Present • Proposed MEMBERS Council- Manager Strong Mayor - Council CITY • Rick unneweh - Chairman COUNCIL 7 Members: 4 elected by 9 Members: 4 elected by Administrator District. Voters. in Primary District Voters Only in • Yakima Valley Memorial • 3 Members at Large; All Both Primary •& General; 4 . Hospital Members Voted on in General or 5 Members Elected a `Election City -wide Large in Primary b Gener- Fred Andrews al Election .(1 ) Attorney - retired Sets Legislative Policy Mayor Can Independent Greta Atwood Governing City . . Set Policy President League of Women voters Approves and Adopts City Council Approves Budget ' Budget; Council Maintains Mayor Has Line Item Veto Wray Brown* . Fiscal Control; Reviews Over Budget; Council Loses Grocer - retired' and Monitors Budget Fiscal Control Bob Clem Appoints or Removes Profes- No Professional City Man - Advertising Executive sional City Manager as Chief ager; Mayor Elected as B & M Advertising • . Executive Officer to Admin- Chief Executive Officer ister City Departments Every Four Years. Removal Betty Edmondson* • . During Tenn Requires .. Former Mayor Lengthy and Costly Recall Royal Keith* Council. Conducts Formal No Council Control or President . ' . Annual Review of City Mana- Oversight of Mayor and Keith & Keith Funeral Home . ger's Performance and Admin- Administrative Actions istrative Actions. Manager Ron King Subject to Continuing Over- . Sales Manager sight by .Council Lodestar Communication Group 4 'Year Tenn for All- Council 4 Year Term for All Lenore Lambert* . Members Council Members Owner • heWlneCellar MAYOR Elected' by Council . Elected by. General Public jack LaRue . 2 Year Term 4 Year Term • Former Police Chief Chairs Council Meeting, Serves as Chief Executive Mel Lewis Ceremonial Duties, Repre- Officer Over City Depart - Partner sents City ments Terril, Lewis & Wilke • • Insurance Appointive Power as Appoints /Hires -Fires Dept Member of Council Heads and Persons Exempt pm Lust* from Civil Service (34) Attorney . Has No Veto Power Over. Can Veto. Ordinances, Don McGuinness, M.D. Council Pediatrician Subject to Override by Super Majority of Council - One Plus 0111e Nelson • - - Executive Director Majority YMCA Has Community Leadership . May Exercise Community Responsibilities, Commun.i- Leadership Role Depending Preston Shephard cation and Policy .Forma- . Upon Mayoral Personality General Manager Nob Hill Water tion Role . and Interests W. Dean Starr • Plays Role in Setting Sets Management Policy Superintendent Council Goals and Priori- . and Priorities Yakima School-District #7 ties for Management t o . . Fulfill • Gary Webster • Salary Set by Elected Salary Set by Charter . General Manager �' y . Y Y ' . Yakima Chamber of Commerce City Council Amendment -'Council has ' . Limited Control • Joe Wilson il Counc Appoints, pp Member of Executive Committee pp , Confirms Appoints and Removes Mem- American Federation of State, . and Removes Members of bers of City Boards and • County & Municipal Boards and Commissions . Commissions; No Council Employees (Local 1122) • . • Control (1) Ballot Proposition based •upon petition filed is "unclear with *Former City Council Members • respect 'to the number of exclusive District or At Large Positions and will require a court ruling to establish the correct number of district positions. P. 0. Box 2824 • Yakima, Washington 98907 • What the Present Form Provides You: 1. Seven Council Members, responsive to citizens, who have equal say in setting policy and goals for the City, adopting budget, levying City taxes, hiring and overseeing a professional chief executive officer - the City Manager. 2. Council hires a trained, experienced,• professional City Manager as Chief Executive Officer to run the day -to -day business of the City. City Manager hires professionals to operate City departments and manage the City's $44 million dollar operation, with a $21 million dollar payroll for 535 employees. City Manager advises Council on day -to -day issues, complex relationships with State and Federal.. agencies, prepares budget (six -month process each year) for Council consideration and brings professional education, knowledge and experience to city administration. 3. Present form of government provides continuity, stable and financially sound city government essential for services to the citizens and for future economic development. What Would It Mean to Have a Strong Mayor: 1. Most likely, an elected chief executive officer, the Mayor under the proposed form, would not be a professionally trained public manager or experienced to manage a $44 million dollar public operation with 535 employees, 142 different 41/0 service units and 72 funds, let alone cope with State and Federal regulations, negotiate with regulatory agencies, special interest groups, and litigation threats. 2. Weak Council other 9 council members under proposed form have little more than advisory role vis -a -vis the Strong Mayor. • 3. Costs - Probable increase in salaries for Mayor and Council members, plus additional salaries for any other persons the Mayor would appoint without necessary concurrence of a majority of Council Members. It would not be less expensive but likely more expensive costs in supplying services. 4. Powers - Mayor is virtually a one person show. Mayor has line item veto over City budget and power to veto ordinances, appoint and remove all City board and commission members and employees. A Mayor with such concentrated power and authority may not necessarily be more responsive and accessible to citizens, nor is the system as representative. 5. The Mayor is not required to attend Council meetings - he may • attend, or send his own representative. 6.. In addition to the Mayor, the Charger Amendment provides for a Deputy Mayor appointed by the Mayor with administrative duties as delegated by the Mayor; the Council elects a Mayor Pro Tem with . no authority or power. This can create confusion to the general public. City Charter Change Proposed To Voters March 15th,1988 The proposed City of Yakima Charter Change has been petitioned to the present City Council and they have placed it on the ballot for March 15th. The Taxation & Legislation Council Ballot Issues Task Force has review the proposal and have found the following: 1. The issue is much more than just allowing the citizens the opportunity to vote for their mayor but actually changes the form of city government drastically to a strong mayor. 2. The City Council would be expanded to nine members of which either four or five would be elected by only the voters of their district. The either /or proposition is because of poor drafting in the proposed charter change which leaves this issue up in the air. 3. The mayor can veto the decisions of the council which can be only over turned by a majority of the council plus, one which would be six and we feel would be very difficult to obtain. • 4. The council would create all advisory committees but the mayor would make the appointments and dismissals of committee members. 5. The term of the mayor would be four years. They would be paid no less than the highest pay city employee and because the mayor would be the person to hire and fire the department heads and probably set salaries, there would not a be a check on this for four years at least. 6. The proposition does not lend itself to open government with good checks and balances. The mayor in essences becomes a dictator over the city • operations and does not have a check that gives the citizens good equal representation. 7. The change leaves the prospect of professionalism in running the City in question and subject to power politics and personalities. We think this a poor change in light of the challenges facing us in the years ahead to strengthen our economy. Therefore, the Taxation & Legislation Council is recommending 111 that the Chamber Board of Directors go on record in opposition to this proposal and urge its members to vote on March 15th and vote against the proposed charter change. Thank Kiwanis Club for inviting me to speak. ON MARCH 15TH, THE CITIZENS OF YAKIMA WILL VOTE ON YAKIMA CITY CHARTER AMENDMENT PROPOSITION NUMBER 1. THE BALLOT READS:. • "PROPOSITION NO. 1' YAKIMA CITY CHARTER At.ENDNENT • 'Shal l the City of Yakima abandon its present ( buncil - Manager plan of government and adopt City Garter amendments elim- inating the City Manager, providing for a Mayor-Council plan of government, .popular election of a Mayor as thief administrator every four years, increasing the City Council' •from 7 to 9. members, and electing district council members from their district only? For the Amendments YES [ J Against the Amendments NO [ ] " 411 THE BALLOT WORDING CAN NOT COVER THE DETAIL OF THE CHARTER AMENDMENTS WHICH DRASTICALLY CHANGE THE FORM OF GOVERNMENT. THE ISSUES ARE MORE THAN ALLOWING THE CITIZENS TO VOTE FOR THEIR MAYOR. THE ISSUES ARE MORE THAN THE RHETORIC OF ACCESSIBILITY, ACCOUNTABILITY, AND RESPONSIVENESS. IN ITS MOST SIMPLE TERMS, THE PROPOSAL IS THE ABANDON MENT OF A GOVERNMENT WHOSE ELECTED COUNCIL MEMBERS HAVE EQUAL VOICE IN SETTING POLICY AND GOALS, AND ESTABLISHES A GOVERN- MENT WITH A WEAK COUNCIL WHICH HAS LITTLE MORE THAN AN ADVISORY ROLE TO A MAYOR WHO HAS CONCENTRATED POWER,' AND WHO CAN„ INDEPENDENTLY SET POLICY. . • WITH THIS AS BACKGROUND, LET'S GO INTO SOME SPECIFICS : WE NOW HAVE 7 COUNCIL'MEMBERS. THE PROPOSAL HAS 9 COUNCIL MEMBERS PLUS A MAYOR. ./i i PRESENTLY, THERE ARE 4 DISTRICT POSITIONS AND 3 AT -LARGE POSITIONS. THESE DISTRICT POSITIONS ARE ELECTED BY DISTRICT IN THE PRIMARY ELECTIONS, BUT ARE VOTED ON CITY -WIDE. IN THE GENERAL ELECTION. UNDER THE PROPOSAL, DISTRICT POSITIONS ARE ELECTED BY DISTRICT ONLY IN BOTH THE PRIMARY AND GENERAL ELECTION. IN EFFECT, A WARD SYSTEM IS ESTABLISHED. THE PROPOSAL CONTAINS DEFECTS THAT WILL REQUIRE A COURT RULING TO ESTABLISH THE INTENT OF THE PETITIONERS ON THE NUMBER OF DISTRICT AND AT -LARGE POSITIONS. E46'TI42 Ly • ASSUMING THAT THE INTENT IS TOnESTABLISH 4 AT -LARGE POSITIONS AND 5 DISTRICT POSITIONS) THERE IS STILL A PROVI- SION THAT REDUCES THE NUMBER OF DISTRICTS FROM 5 TO 4 WHEN- EVER THE POPULATION OF ANY DISTRICT EXCEEDS THE POPULATION OF ANY OTHER DISTRICT BY MORE THAN 10 PERCENT. THIS WOULD REDUCE THE COUNCIL FROM 9 TO 8. HERE IS ONE WAY TO READ THE PROPOSED CHANGE: EFFECTIVE IMMEDIATELY AFTER THE OFFICIAL CANVAS OF THE ELECTION, THE COUNCIL WOULD APPOINT 2 ADDITIONAL AT- LARGE POSITIONS. (THERE WOULD NOW BE 5 AT- LARGE.) THESE 2 POSITIONS WOULD REMAIN AT -LARGE UNTIL REDISTRICTING IN 1991 AT WHICH TIME THERE WOULD BE .4 AT -LARGE AND 5 DISTRICT POSITIONS. 0 YOUR COUNCIL SPENDS MANY DAYS DURING THE BUDGET PROCESS IgIN REVIEWING THE BUDGET IN DETAIL. WE ESTABLISH POLICIES AND GOALS DURING THE PROCESS, AND MONITOR THE BUDGET THROUGH -OUT THE YEAR. 111 UNDER THE PROPOSAL, THE MAYOR HAS LINE ITEM VETO OVE• -7THE BUDGET AND MAY INDEPENDENTLY SET POLICY. THE MAYOR COULD ALSO VETO ORDINANCES PASSED BY THE COUNCIL. IT TAKES A SUPER MAJORITY OF THE COUNCIL TO OVER -RIDE A VETO, OR 6 VOTES. . ® FURTHER, THE MAYOR WOULD BE WITHIN THE LAW BY PROVIDING THE COUNCIL WITH ONLY A LINE ITEM BUDGET. IF THE COUNCIL WANTED MORE DETAIL, ANALYSIS AND EXPLANATION, IT IS CON- CEIVABLE THAT THE COUNCIL WOULD NEED TO HIRE ITS OWN STAFF. IN THIS REGARD, THE PROPOSAL, AUTHORIZES THE COUNCIL TO HIRE ITS OWN EMPLOYEES. THE CITY OF EVERETT HAS A STRONG MAYOR. I REVIEWED THE EVERETT BUDGET. FOR THE MOST PART, THE BUDGET IS A MERE COMPUTER RUN OF LINE ITEMS WITH DOLLAR FIGURES. YOUR COUNCIL AND STAFF HAVE WORKED TOGETHER TO DEVELOP WHAT I CONSIDER AN OUTSTANDING QUARTERLY REVENUE AND EXPENDI- TURE REPORT. BY LAW, A STRONG MAYOR NEED ONLY PROVIDE THE COUNCIL • WITH A REPORT THAT LOOKS SOMETHING LIKE THIS:. SHOW REPORTS UNDER THE PROPOSAL, THE COUNCIL WOULD HAVE NO CONTROL OR OVERSIGHT OF THE MAYOR. THE CITY MANAGER IS BOUND BY THE COUNCIL'S DIRECTION. • IF A STRONG MAYOR IS INCOMPETENT HE CAN BE REMOVED BY THE RECALL PROCESS, WHICH IS TIME CONSUMING. SOME YEARS AGO, YOU MAY REMEMBER, THE CITY HAD A RECALL THAT WAS THROWN OUT BY THE COURTS AS IT DID NOT MEET THE LEGA CONSTRAINTS. UNDER THE PROPOSAL, THE MAYOR APPOINTS A DEPUTY MAYOR TO ASSIST HIM. HOWEVER, THE COUNCIL APPOINTS THE MAYOR PRO TEM WHO SERVES IN THE ABSENCE OF THE MAYOR. THE PROPOSAL GRANTS NO AUTHORITY. OR POWER TO THE MAYOR PRO -TEM. THE ELECTED MAYOR IS N OT REQUIRED TO ATTEND COUNCIL MEETINGS AND MAY SEND A DESIGNEE OF HIS CHOICE TO COUNCIL MEETINGS. PRESENTLY, THE COUNCIL APPOINTS OR CONFIRMS APPOINTMENTS TO BOARDS AND COMMISSIONS. UNDER THE PROPOSAL, THE MAYOR HAS FULL POWER OF APPOINTMENT AND REMOVAL +3p16 WITH NO COUNCIL CONTROL. THE PROPONENTS FOR CHANGE HAVE PUBLICALLY STATED THAT THE STRONG MAYOR GOVERNMENT WILL COS'1;tig ADDITIONAL $10,000. OUR FIGURES COME UP TO AT LEAST AN ADDITIONAL $76,700. THIS AMOUNT WOULD BE MORE IF THE COUNCIL HIRES ITS OWN EMPLOYEES. I HAVE COMPARED ONLY SOME OF THE POINTS WHICH ARE IN THE 4-72 PROPOSED CHARTER CHANGE. IN CONCLUSION; • 1. UNDER THE PRESENT SYSTEM, THE COUNCIL MEMBERS ARE EQUAL TO EACH OTHER WITH THE SAME RIGHTS AND OBLIGATIONS. THEY MUST WORK TOGETHER AND COLLECTIVELY EXERCISE POWER. THE STRONG MAYOR ASSUMES CONFLICT BETWEEN THE MAYOR AND THE COUNCIL. 2. THE CITY MANAGER IS BOUND BY POLICY DIRECTION FROM COUNCIL, AND FOLLOWS A STRICT CODE OF ETHICS. CITY MANAGERS HAVE RESPONSIBILITIES RATHER THAN POWER. A STRONG MAYOR OULD BE PRONE TO APPOINT AND HIRE SUBORDINATES WHO ARE POLITICALLY ORIENTED TO ENTRENCH POWER. PATRONAGE COULD BECOME IMPORTANT. 3. THE COMPLEXITY OF TODAYS PROBLEMS COMBINED WITH OFTEN CONFLICTING STATE AND FEDERAL LAWS REQUIRES A TRAINED MANAGER THE STRONG MAYOR NEED NOT BE QUALIFIED. Editorial 3 - 13 - gg! Change . of charter .. not what c needs COM) • As the saying advises, "If it ain't broke, don't fix it." Yakima's current form of government isn't broken, as such, though it is in need of some fine.tuning. But the solution to any problems we now have with city hall is to work out the pro- blems, not change the form of government. With that in mind, we strongly urge Yakima voters to reject a proposal on a special election ballot in the city Tuesday to change from a counc /manager form of government to a so- called "strong mayor " /council. ., _ A;nd we urge supporters of the current council /manager form of government to be especially lert at the polls because Y p use we have a negative proposition here. If you support the coun- cil/manager form of government, you must vote "no ". on K; Tuesday., The push to switch forms of government is the result of a petition drive by Larry Mathews,,a Yakima resident who has ,00 '' had his share of run -ins with the present city council and city r ,m w ,. administration. We don't question Mathews' motives and, in fact, believe' he has lodged some legitimate complaints about .; the operations of city hall. The present council and administra lion have on'occasion been rightly criticized for secretiveness. �, and being seemingly unresponsive to citizen complaints and problems. ' But we see solutions as an emphasis on openness and candor and not a new form of government. ® We would caution the present council and administration against viewing voters' support of the.present form of govern- ment Tuesday as any kind of mandate for business as usual. - To the contrary, the fact that a successful petition prompted the vote should be viewed incentive for some real introspection '.. • about current methods of operation and. some real commit- merit to change. Changing the form of city government is not something to be taken lightly and frankly we would have trouble supporting • any petition or initiative that would do so. Anything with the long range implications such as the form of government a city Y is to operate under, should be the result of real in- depth- debate, dialogue and compromise by many people, not an in- itiative written by one person or a small group of people who - ® have a grudge against city hall. -x A "strong mayor" elected by the people might sound good, but that assumes you always get good, qualified people to run for the job from now on if such a change is ordered. Frankly, • we think it puts too much power in the hands of one person as ;; .' opposed to the checks and balances of a co -equal city council that in turn, hires a professional city manager. Many forms of government work. But, people make forms of government work; forms of government do not necessarily make people work. And, keep in mind that even the Mathews camp admits one . of the first things a "strong mayor" would have to do is hire a • - deputy mayor to fulfill the role of the•city manager.. - j In general, Yakima has been well served by its form of government and by its city manager. In some cases and on 1110 some issues the•citizens of Yakima have had a right to expect , more . vision and leadership, more openness and respon- siveness and more willingness to take action and make deci- - sions in replacement of natural inclinations to defend and deflect. Our city, we think, is served by responsible persons of good intention and great competence in both elected and employed ' positions. There is no need to change the form of the municipal • government within which they serve. Editorials 3 Governmentchange • • issue is now settled OK, the Fat Lady has hit high C above C and the opera's over. When Yakima voters rejected — by a 2 -1 margin . - ed change in the city's form of government Tuesday, it was a clear indication that the Issue has been resolved. Yet, almost like one of the pit bulls he was instrumental in helping ban from Yakima, Larry Mathews has locked onto this issue and is . already talking of yet another time - consuming, costly attempt to put the proposal to another vote. It would be a mistake. • Mathews is the Yakima resident who spearheaded the sue cessful petition drive leading to Tuesday's special election. F . The issue was whether to retain the present counciVmanager form of government or switch to the form advocated by Mathews — a "strong mayor" /council.• Voters decided by a 2,043 -4,319 margin to keep what they have. (A no vote was to retain the present council/manager form of government.) We were a little disappointed in the post -election dialogue to I hear Mathews complain that his "hastily organized" cam- paign was no match for the orchestrated, well - financed efforts i of his opposition. • "They confused people and they had a lot of money to do that day after day after day. They knocked us out of the ring with their advertising," Mathews said . We take personal exception to that. We can't recall anyone, or any effort, in recent memory that had the access to our o news columns that Mathews had to explain his proposition In III • detail. As for his opponents' well -organized and well- financed " °" • campaign? Well, that's an option open to the Mathews camp, and if theirs was "hastily organized" then perhaps it is reflec- f • tive of one of the major flaws In the whole Idea from the start, Y ` Something as far- reaching as changing a city's form of ,I government is not done on a whim by an individual or group of individuals with a grudge against city hall. Something of that ;` . magnitude requires much more input and give debate and compromise. You don't throw to sell '` f enough people on the concept to get them to sign a petition and then toss it onto the ballot and expect it to 6e embraced by the ; °" discerning voter. City sources say the earliest the proposal could be resubmit- . ted, assuming it got enough signatures, would be November 1989, barring any more costly special elections called by the council. The Mathews camp raised some legitimate beefs about the current operation of the Yakima City Council and city hall. The whole episode has certainly "gotten their attention," and . we will be in the forefront of advising the present city ad- ��4 ministration that, rather than a mandate for business as usual �. s �. they now have a mandate to make the present form of govern- � � went more open, high profile and responsive to the communi- C "14 ty.. The present form of government is a good one; It just needs ' a bit of new focus and direction. We already sense that will be ' a new priority among present council members and city ad- ministrators. We have just gone through an extensive, thorough and in- • sightful debate on two major forms of city government and the voters have chosen to keep what they have. That should settle it. If, however, there is another petition drive aimed at resub- mitting the strong -mayor form of government to voters, then those asked to sign the petition should borrow some advise from our first family: "Just say no." 7 7 -g Ed • 0 . Voters have decided form of overnmen ciii) . g t . There's an old, saying that offers some sound advice to Larry Mathews and his never - say -die effort to change the form • government in Yakima: Once you've been beaten up, it's • usually a good idea to quit: picking the fight. ,� Barely five months after the voters of Yakima handily defeated the Mathews -led petition effort to switch from a council- manager to a "strong mayor" form of government, Mb • _Mathews is back with another petition. ,., Some changes have been made - proposing a five - member council rather than a nine - member panel — and a "bill of rights" has been added,, but basically the issue is the same. And the issue has no more merit now than it did when voters thumped it in March: The "strong mayor" form of govern- . , ment just isn't right for a city the size of Yakima and puts too k , % m uch power in the hands of one individual. ,• And even after electing a mayor, he or she would still rely on an appointed deputy mayor to provide the professional exper- if , tise in city management — much as the city manager hired by Y ', `i ,' . the council under the present system now does. •f ' Based on the last city election turnout, Mathews would have to collect 1,500 signatures of registered voters to bring the issue before the council. The council could schedule an election anytime as a special election or opt to wait until the next III regular municipal election in November 1989. Mathews disputes that and wants to try for this November's general election ballot. That's just what we need, yet another complicated issue on a very long ballot that has everything from county courthouse races to legislative contests, statewide offices and the presidency already on it —not to mention .. ention at least six statewide issues. Any hopes Mathews has • of a higher presidential election turnout enhancing his chances are completely overshadowed by the fact that an issue with I such far - reaching implications would be buried. We said all along during the campaign last spring that Mathews made some. 'bona fide criticisms of city hall and changes are in order - although the form of,government is not one of them. ,City hall is still too removed from its citizens and ®, desperately needs to set up some sort of ombudsman system to give the people a contact who can slice through the red tape and bureaucratic shuffling too many people now encounter. We routinely get requests from people to "beat up" on city hall • +r :, because they are a) intimidated by the operations themselves or b) don't know who to see or how to go about making their concerns heard. An audience participation time frame on a Ci- ty Council agenda just isn't sufficient. ' _ But change the form of government? No way. We had this issue on a special election ballot in March: It was high profile and extensively debated and discussed prior to the vote — when it was defeated by a 2 -1 margin. So, if you're one of those people who believes in wasting tax - payers' money with another election, then sign the new peti- ..tion. If not, then consider the issue settled. . , i �a1TR1A \Alta na l!aid ' e bbc 3 3Y qi City's government 0 C..) has been dec ormally, "if at first you don't succeed, etc." is a noble commitment to patience and persever- • ance. But in the case of a resurrected effort to change the form of government in Yakima, it's simply a case of wasted time and effort. _ • Yet perennial city hall critic Larry Mathews and a few of his friends are at it again. The Committee for Accountable and Responsive Government ( CHARG) is ` reportedly circulating petitions — again — to try and change the city government from council/manager to strong mayor. Originally eying a special election in May, the group is now going after sig with the � thought of alif'ying the issue for the November ,' ;` io general election. "_ '' , '' If this issue sounds familiar, it should. In March of 1988, just three years ago, a Mathews -led effort placed the change of government issue on a special election ballot. It was defeated by a 2 -1 margin. City officials say it cost about $15,000 in taxpayers' money to pay for the special election three years ago, not to mention all the time and effort that went into a comprehensive voter education effort. But that's all well and good It is probably healthy to revisit an issue like this from time to time and debate the pros and cons of the existing form of government versus any alternatives. But every three years is a bit much. ID The strong mayor and councilmanager forms were extensively debated in the public arena three years ago and voters very emphatically decided to stick with the present form of government. n" ° _ . ' The initiative is a very basic instrument in our form of government, 'allowing citizen redress of grievances. ., all But like anything else it can be abused and we're rapidly reaching that point with the form of govern- i ment issue. CHARG will have to garner only 2,352 signatures valid voters signatures by Sept. 3 to qualify for the ballot and, given the fact there are a lot of O' people who will sign virtually any petition, the low threshold makes it pretty easy for those who love - petition campaigns. But one thing about the whole process, the people have the final say. That being the case, this is basically what they have to decide: The change of.; government was before the public only three years : 2 ago, was extensively debated and was soundly de -' feated. That's a pretty strong mandate for the council/ manager form of government and rejection , of Mathews' strong mayor form of government that puts too much power in the hands of one person. It cost an estimated $15,000 then and election officials estimate: it would ' cost another $5,000 to run it with other `'-" general election issues this year, not 'to mention all -;'" € the time and effort that would have to go into 'such' a ' ."' rerun. Although we do and should support efforts to im- prove government and to make government . more responsive, this repeat effort seems untimely, ill- advised and against the democratic tide: r1 r • From the Yakima Herald- Republic Online News Posted on Saturday, July 10, 2010 Should Yakima city government change post -Zais? By Chris Bristol Yakima Herald- Republic YAKIMA, .Wash. -- Yakima has had a city manager form of government since 1959, and for the past 31 of those years, the boss man has been Dick Zais. Now that Zais has announced plans to retire next summer on the day he turns 62, some City Hall watchers are asking:' Is it time for voters to consider switching to a strong - mayor format? Councilmen Bill Lover and Rick Ensey say it's at least time to talk about it. • "People have suggested that to me, many people," Lover said Thursday, adding, "This is the time for that conversation if we're going to have it. Whether it gets any legs at all, I don't know. But I will bring it up for discussion." Ensey agreed and said there's no harm in asking. "With Zais retiring, it's kind of a milestone," he said. "I'm willing to talk about it. Can't discuss the pros and cons yet, because I haven't researched it enough, but I don't think there's anything wrong with thinking about it." Whether the discussion goes anywhere remains to be seen. Switching the city's form of government would require a change to the city charter, something that only voters can do. Out of 281 incorporated cities and towns in, Washington, most operate under the strong mayor form of government in which the city's chief executive is elected directly by voters. But 52 cities operate under the council-manager format, in which a city manager serves at the pleasure of a part-time council -- much the way a corporate board hires a CEO. Among them are several other Eastern Washington cities, including Sunnyside, Toppenish, Ellensburg, Walla Walla and all three of the Tri- Cities -- Pasco, Richland and Kennewick. Most of the smaller cities in the Yakima Valley are strong mayor, however, as are most cities across the state the size of Yakima. That includes Everett and Bellingham, which are often cited as close kin because they are full- service county seats like Yakima rather than suburbs of Seattle, Spokane or Tacoma. Both formats have their advantages and disadvantages.. Both have their supporters and critics. Chief among the supporters of the strong mayor format is Bruce Smith, publisher of the Yakima Valley Business Times newspaper. Although he conceded that his support for change was "exaggerated" by Zais' unusually lengthy tenure, he insisted that his position was not personality -driven and could be summed up in one word: Accountability. "The mayor is the driver, he's the leader, the guy who makes sure everything's in sync," he said. "We don't have that right now. City Hall.does what City Hall wants." Smith noted that governors are. essentially CEOs hired by voters, as is the president of the United. States. The way he sees it, part-time council members often work at cross purposes and usually ° don't have the expertise necessary to really supervise the executive. "It's very hard to run things by committee," he said. "It's a good way to legis- late but a bad way to administer. So they (City Council) defer the administration to somebody that's not accountable to the people." But concentrating too much power in the hands of one person can be a bad thing, warned Bob Jean, the recently retired city manager of University Place, a suburb of Tacoma. Jean said a strong mayor means a weak council, some- thing he's familiar with, having worked under both systems during his career. Most large cities that have strong mayors also have a professionally trained city administrator to assist the mayor. "The council ends up being pretty much a rubber stamp" to the mayor, he said. Furthermore, Jean argued that getting rid of a bad strong mayor can be much harder than getting rid of a city manager. "You have to wait sometimes three or . four years for the next election or mount a recall to get rid of a bad mayor," he said. "Getting rid of a manager is very easy -- one meeting and you're done, fired, gone, problem solved." In fact, two of Yakima's four city managers before Zais were fired by the City Council. Zais' immediate predecessor, George Eastman, lasted less than two years before he was ousted in September 1978. Both Smith and Jean agreed for the need; for a city administrator under a strong mayor, with Smith saying the extra salary should not be a realistic concern for cities, such as Yakima, with budgets of $200 million. Lover and Ensey said they haven't made up their on the subject and want to learn more about the pros and cons of each format before going any further. • Opinions vary across the rest of the council. Kathy Coffey, whose grandfather, Gilbert Burns, was one of the city's last mayors under the commission -style of government, said she's not in favor of a strong mayor. "I just don't agree with it," she said, questioning the need for an administrator's salary under the strong mayor format. Mayor Micah Cawley was lukewarm at best on strong mayor, arguing it would only worsen "good ole boys" complaints about City Hall and concentrate too much power in one person's hands. He also questioned whether now is in fact the right time to consider switching, given wide consensus that Zais' three- decade tenure was extremely rare. The average tenure of a city manager is five to seven years. "A strong mayor would have a lot more power than a city manager," he warned. • 11 11 1 Councilmen Dave Ettl and Dave Edler did not return calls seeking comment. That leaves Councilwoman Maureen Adkison, who said she doesn't see any harm in bringing it up -- it just won't be her. "I'm not closed down to the idea of a strong mayor," she said, "but I wouldn't be the one to lead that parade." * Chris Bristol can be reached at 509 -577 -7748 or cbristol @yakimaherald.com. • • • • • From the Yakima Herald - Republic Online News Posted on Monday, July 12, 2010 Healthy debate on Yakima's leadership is a good thing Yakima Herald- Republic editorial board Having served as Yakima's city manager for the past 31 years, a longevity worthy of entry into the Guinness Book of Records, Dick Zais did the right thing last week by giving the City Council ample time to pick his successor. His retirement will come next summer when he turns 62. For their part, City Council members are also doing the right thing by opening up for discussion whether Yakima should remain a council - manager style of government, with the mayor as an honorary figurehead, or move to a strong mayor form where control of management and the purse strings resides with a solitary elected official. The topic is worthy of debate. But we add a note of caution to those who think change is inevitable. Just because someone has served at a position for more than three decades, as Zais has, doesn't mean the current system is flawed. Longevity by itself should not be seen as a sign the process has failed. Regardless of whether you are a cheerleader for Zais or a detractor, one fact remains: He was a very good administrator. He was a Scrooge when it came to the fiscal end of the city's ledger books and a hard -nosed negotiator when labor contracts came up for renewal. This approach gained him few friends and many critics, including this newspaper at times. What he truly excelled at was the manner in which he treated elected council members. He was solicitous of their advice and worked hard to earn their trust, even when he knew they were inclined to give him the heave -ho. Nonetheless, it's certainly worth the council's and city residents' time to openly debate the pros and cons of ditching the current council - manager form of government and going with a strong mayor. A number of cities of similar size to Yakima's -- Bellingham and Everett -- have already done so. It's worth finding out from their elected officials and city residents to see how well matters are being handled by what amounts to an elected chief executive officer. It's also worth debating just how a strong mayor style of government would be • established. Don't forget -- running Yakima is like taking charge of a large corporation. The annual budget tops, off at $200 million, with a work force of 735 employees and supervision of seven departments, including fire and police. Even under a strong mayor system,,a city the size of Yakima invariably has to hire a highly trained city administrator to handle the day -to -day operations. What does this new, well -paid position do to the argument favoring a strong mayor? Again, bring on the discussion. There's one aspect of this debate that's fairly straight forward. When it's a council- manager form of government, if the council doesn't like what the manager is doing, he or she can be fired and out the door that same day. However, ousting a mayor, who may be considered an unmitigated disaster, could take years. Again, while Yakima council members may have loudly complained about Zais during his 31 years of service to the city, not once did his job ever come up fora vote to dismiss. That speaks well of his work and of the form of government both he and the council have served under. * Members of the Yakima Herald- Republic editorial board are James E. Stickel, Bob Crider, Spencer Hatton and Karen Troianello. • 411 • Page L. Tut //, 2002- Yakima Valtet.i BINA � l i i r ii a' Ail' A ill t '. • Strong Mayor Is Needed To Steer • Yakima s Rocky Ship Of State ` Count us among the malcontents who think we need to change the city of ' - Yakima's form of government. This weak - council, perky -mayor thing just isn't I getting the job done, and we need to try something else. We support switching to an independently elected mayor and city council that . function similarly to a governor and legislature. We adv ocate a structure that i. • E includes a cit administrator, ap by and answera to the mayor. The mayor (like a corporate CEO) wi ll provide badly needed leadership and direction; ' U the administrator (like a COO) will oversee the daily operations. "- • ' N The Yakima City Council displays its lack of political courage like a third grader E ilf.... shows off her spelling bee medal ... at every possible opportunity. What we have now, unfortunately, is the- council- that - can't - shoot - straight. Although they are great :4 ° E fun to watch and Lord knows we appreciate the editorial fodder, the council's , dysfunctional behavior has become a major bamer to our community's progress. D The roster of recent council fumbles is long and tiresome. A few highlights: m L a , "Their protectionist policies have devastated the downtown and caused dozens ■ . ;+ '- - of merchants to board up their storefronts and move elsewhere. Al •In spite of a steady drumbeat of complaints, the city's regulations and permit- L .c ring processes continue to hinder developers and business owners. � 'Although voters have signaled their anti -tax mood, we fully expect the City • A Council to hike the real estate excise tax later this year. _` 0 •The council is moving forward with its railroad underpass plan in a ham - tlF x C handed manner and.with a blatant disregard for the impact on local businesses. "After a painful local battle, the city's annexation of parts of West Valley has x been overturned by the state Supreme Court. tit; a •The council initially tried to prevent construction of a jail in downtown >. Yakima, a move that would have cost the city millions of dollars each year. 'The body recently implemented a $295 fee to discourage citizens from exercis- e ing their right to appeal a staff decision to the council. •With no due diligence, the City Council wasted $50,000 securing a worthless — non - compete agreement from Big League Dreams for its planned sports complex. N 'In a blatantly political move sure to be overturned in court, the council reversed the hearing examiner's Mickey O'Reilly's casino decision. •In its rush to head off city of West Valley incorporation efforts, the Yakima City Council struck a sweetheart deal with Congdon Orchards that has been rejected by the area Growth Management Board. •The council buckled to threats from its unionized bus drivers and canceled a privatized transit route, costing taxpayers more than $300,000. You might disagree with this or that item on our list, but the cumulative effect is compelling. There is clearly a pattern, and it is time for a change. , ...,..:„,,........,.........::,,,....„..;..,..,............ a „ ... w ,.,,:, . , ,, . ..„..„ .:„. . ..„..,,..„,„,..:.,.,,„,„,„:„.,....,,,„„:„.„,.„. .,..,„..... . . I ... •.,., rii „,..:„ t., ,,... , ,,,.,,,,, , , ,1 1.., ; ,.,...., .. i.:„,. m .... .. .. .4.- 0 June za.z ❑oz_ Servin - g Yakima Co - Business Community Strong Mayor Form Still Seems Best - Discussion Needs To Happen By Smith mith ' salion. f:ditr,r b e'hrr S level that people are willing to stand are nude by a consensus or majority of The phone calls and C-mails flooded dUlflh p owers s-th) at-be IIIf11its city it ate up and be counted. the City es D and implemented s cost by p We'll have w see. City Manager Dick Zak. It's t's prtiymg In after we editorialized last issue that under wraps. The local. establishment I'm researching the type of strong- to be a Very sloppy Way Ill govern. Yakima would be better served by a - 'media is shying away from reporting • strung -mayor form ul government. on tlle'slrung -mayor movement, and No business would allow itself to he • The callers were in two camps. The city officials Just shrug it oft, hoping it toll by a committee. i e c i inlay well be largest group believes the city's will fade away. a board of l i directors but (i.e. city iiuncif1 problems are structural –.- that lets policy, but the re leadership anti governance problems not just the inco'npdtdnce of most of I( this dialogue is going w I�3 gain momentum at all it looks View - day-to-Jay a operations boss who are answerable. our current city councilors -- and that 'like it will be front the bottom tip by a CEO Li a buss who Is ;Ins h tahlc. switching to a sitong'rtayor'nay be - through letters to the editor, p ' ' " The current council hides m tlx tall the systemic change needed to ri ht From g radio call -in shows, rditurials �' gr; (ii ide never cs p ost / its c Jccisinn, the ship. Here tut mink, and they push Lais forward as The second school of thought — and every -Jay, water - cooler g confabs. �,ra ou a the ;lrruw, , tart w fly. less numerous, but. still substantial -- It's would to Lai, - x'l by tl t is that the city's problems need to be The sports complex Jdhatr was ' {'t,. y, I would ;Ipl>ouu ul a IICi111I ICaI a, placed al the feet of our s bumbling be directed by the Rotary folks who b Y spearheaded the project. The port City administrator if I weld mayor I IC Council. The solution, they say, is to district initiative was prodded along by Bruce Smith r iii', 1CI1' press a ca(cih , auJ most replace the majority of the council, not' a steering committee of stovers and of his had press results s I i City to irh:wl the system. Council mistakes, not his. r's paid to s • hakers led by Senator Alex Deccitl. mayor management that wound l In Inovule them cover :uul he does it well. What Was must interesting to the is Both of those discussions weer ur s so fa nuy, but here's .sly best A stnmg mayor con iii, ids t u that no one, not a single person out of orchestrated by well - funded, well - the dozens with whom I talked, guess so far: notch l in unc person, ,, rp the connected community leaders. Rut Ilse Our n needs to be an nide- hand wringers. flu which I say, that d d the status quo. . strong-mayor issue is a different duck, pendent leader elected to run the concentration of power is exactly what dy said, Bruce, why don't unc yixr can expect the status t to 410 you el off the backs of those hard- quo executive functions of the city, similar we tired. We're electing a mayor, 1101 a working City Council folks. They're vox iferously oppose. uu it a governor or a president. In ( dictator. The -i t Council this a play a Y� .Maybe that dooms the project; addition n to the mayor, we need city t I IIiC-aal baIa1lCllig Rile. Is e eovrrnui ' trying hard and they're doing a good maybe we're heat before we start. It's • administrator, who is the nuts -and- a dictator! Is die president a dictator! job" awfully difficult tu. achieve something bolts technical guy (or gal, of curse) We need a leader united With Not tine, of this magnitude without dollars and The Nada, zip, zero. he administrator is appointed by authority. this management -by- clout. and answerable to the mayor. The consensus, lowest- cutnnion -de• This broad spectrum of people But maybe riot. agreed on one thing: Things are mayor provides the vision and leader- nominator, path -of- least- resist :like fvlaybe the idea is so strung that it ship and the administrator makes stare style of decision slaking is running nuy screwed tip and they need to be can gain its own momentum. Maybe the trains run tin time. city into the ground. e frustration with the way things are Currently the mayor is a figurehead We need a city council to legislate Well then, let's start the con ver- • happening In the city has reached the with no special authority. Decisions ;llnd shape government through its control of the purse strings and its oversight responsibilities.and we need • an elected executive to run things. I also h this structure encour- ages a new crop of people to rum for office. I,et'a face.it: We have most of the City Council we have not because • they are doing a hang -up job, but because they seldom face credible opponents. No one wants the job. A strong executive form of guv- ernnlent is no crazy idea doomed m •fail. It's the came system used by Selah and Union Clap, towns that seem to he functioning a 101 better than is f ' Yakima. It's how we govern our state. • s, . it's how we govern our nation and it should he how we govern our city. (Smith is editor will publisher t f the Business Timex.) July I G - 30, 2010 Yakima Vaunts nts Swinton Tana " Page S It's Time The City Of Yakima Has A. Strong. Mayor .. By Bruce Smith elected at- large. Day -to -day man- ager whose name never appears on status quo are arguing that we have • . Editor /publisher . agement of the city falls to a hired a ballot. to leave things the way they are ' Kabuki theater is a highly styl- city manager, whose job is to imple- Let me ask you this: How would or make a quick change (which is • ized form of Asian entertainment ment the will of the council. you like to live in a country when virtually impossible) because we known. for elaborate costumes, Yakima's mayor ' the president was hired by Con- will not be able to hire a quality city • over dramatics and predict — whose extra grew? Or in a state where the gover- manager until this issue is settled. able conclusions. Its flashy, its well • responsibilities nor owed his job to Let me see if I have this straight: staged and it's fun to watch ... but . are to represent ' • • . the Legislature? It We can't switch to a strong -mayor there is no sense of drama because . the city and run' would be a mess, government while Zais is in office . . everyone knows.how it ends. • the council meet- • ...That's the system because that would be unfair to . I predict that the City Council's Inge is chosen we have in Yakima, him and we can't switch when he's upcoming study session to consider.. by the members of ,: which is one of the out of office because that would be changing Yakima's form of govern- the City Coun -. re we have unfair to the new city manager. Gee, ment will be nothing more than cil. Because Ya- ' stumbled so badly I guess we'll never be able to make • political Kabuki theater.. ^. kima's mayor fiefs» Smith the last decade or so. During . a change, huh? . Outside experts will dazzle the has no exeeu those difficult times, there was no (1 had to laugh the other day council with colorful Powerpoint tive authority, he or she is known as elected leader managing the city. • when a City Council member told presentations that will outline the a weak or ceremonial mayor. Authority was diffused among seven me she was opposed to a strong advantages and disadvantages of this We need to switch io a strong - part-time council members who, mayor because he or she would be . • form of government versus that form mayor form of government. We ' frankly, often did not get along and, in office for four years. Really, I • of government. Council members need to run our city the way we rub • to be even more frank, were often asked? As opposed to, say, a city . will rub their chins, furrow their our state and the way we run our not up to the task. manager who has been on the job • brows and ask lots of questions. country .:.'with a legislative branch The result was a power vacuum for 32 years!) . Then they will vote to leave that makes laws and an executive that was filled by City Manager Another argument being bandied things_exactly the way they are. branch that implements them. Dick Zatis. As things began to falter, about is the cost of strong mayor. ' That is unfortunate. We need_to Yakima voters would choose a Zeds stepped into the breach and We don't have an extra $ 100,000 change the way we run the city: We mayor just like they choose a gover- took command, For all intents and lying around, they argue. The city need to make the guy in charge at nor or a president. The mayor would purposes, he became Yakima's strong can't afford a strong mayor. City Hall directly answerable to vot- be responsible for running the city's • mayor, albeit an unelected one. How's this for an idea? What ers. We need to do what many cities day -to -day operations, just like a' And, ironically, the same dyafunc say we take the money we threw our size have done — change the governor runs a state or the presi tional system that allowed Zais to ' down the everyone-knew-it-would- . . city's charter so Yakima is led by dent runs the country. become the unofficial strong mayor, . never - be - built Black Rock hole an elected official, not a hired city . The City Council would set has allowed him to stay in power. and use it to pay the salary of an manager. We need a strong mayor, policy, as do the state Legislature We can only have this discussion elected mayor? Or how about using Currently, Yakima operates under and Congress. And once policy is now because Zais has decided to the $750,000 we are spending on • something called a strong council- made, it would be implemented by retire. As long as he ran City Hall, artwork for the new underpass? weak mayor -city manager form of ' the mayor. A mayor who — and . Yakima would never adopt a strong- Better yet, let's hire someone for . government. Policy is made by a this is very important — is directly mayor form of government. Now the top job who has his ear to the . seven -person part-time city council, answerable to the people. that he is leaving, there's a chance a political ground in Yakima and, as III • four of w hom re geographic • We don't have that now. Our can be made. a result, won't cost us millions of • Districts and three of whom arc city's ship is steered by a city man Ironically, proponents of the dollars on sewage treatment plant boondoggles or unwinnahle battles . with WalMart. . Trust me, when you are running -i a $200- million -a -year operation like + ■ r. the city of Yakima, it's worth spend • ing 100 grand or so to get a smart L guy at the helm who knows he will l ?. C lose his job if he screws up. . % : The bottom line is this Based on conversations] have had with many of the key players, I don't expect the E City Council to seriously consider . changing to a strong mayor form of ' U • government. To do so would require I N them to, essentially, say they are not rn doing a good job under.the current ell system and that's a tough thing for '' C anyone, let alone a politician, to fir: admit. My guess is the council members will don their Kabuki costumes, L m • .fi - have their meeting, do a rhetorical `� dance or two for the YPAC cameras at+ 4 >, • and then vote "no:' Making this,change means chang- ing the city's charter. That can only be done by a public vote and there . t are two ways that can happen. Either ' O V ' the City Council can put the matter IN before voters or 500 citizens can sign . + < -- petitions that demand the vote. -g E Let's hope the City Council does Y the right thing. Let's hope they thoroughly air the issue, maybe • form ablue- ribbon committee to • r work out the details, ask their legal �) staff to draft a change to the charter f • C and then put the matter before the • { citizenry for a vote. If they don't, then let's get some L I petitions printed. (Smith is editor and publisher of the Business Times. He may be reached at hsmith@yvpub.cnm.) , • cg- ag.88" • • • • Change i n government call recalls 1956. arguments!:. = • By KAT MYRA ty" and provide "competent leader - Those claims have been resur- While the matter was slowly we n- j ,. Of me Nn eld -Hepu Dllt Y ;' , ship." rected lately by those who want to ding its way through the legal �' i The proposed change in city Sound familiar? Those arguments get rid of the council/manager system, the number of people sup- i government would offer "a more were voiced in 1956 by residents sup- government. The comments are porting a change to the coun- P unified approach to Yakima's civic porting a change from the city corn- heard most frequently from Larry cil /manager form of government ' �,, . `'` ` , * *- l . i �"+° tt problems," give citizens "more mission form of government to a Mathews, a former city commis- was rapidly growing — thanks to the sr c 'o A representation in the affairs of the cE council /manager form. sioner. acts of city commissioners Mathews 4 '' ; r r �i One argument voiced by opponents and Kenneth Schutt. �r ' t $ ' _ � 1s`c _ .,., -�. „, - , . to the change to a "strong mayor" Most of the controversy centered _ ;; a T, _ ; ; ` w . ., n , c,j ., ; X. ,. government is that if the change is on Schutt, commissioner of ubhc - ar > '. { W' ,, " 3.1 T+�y :1TY - ' � , approved, it will require a lawsuit to finance. Schutt was elected in March ? ;Y � ' t4 - .r 1:'r:-r ; s . te ;, straighten out technical defects in 1956 along with Mathews and Carl .!:;',P".',4±;.7-S0,:".;;;, x . T t T ! COUNCIL MANAGER the proposed City Charter amend- Behnke. The following November - V "a T 1i {„ '� " ment. Schutt was appointed acting mayor . . - VOTERS I But that is exactly where the pro- to replace Behnke, who died in office .. p osal for a councfl/manager form of One of his first act was to fire Police . " : ' ' eX r*- s € government ended up after it was Chief Oscar Soderstrom, claiming ' � . ,,,x' -# -+ i, ' Y voters S oderstrom was not COUNCIL I overwhelmingly approved by aggressively �.,`� r �� ° w y4 g gressively en- � �,c,,. -- , } : , I on March 13, 1956. forcing laws against prostitution and Wolf pholo by HT. Htrmq The vote in favor of changing to the juveniles playing pinball. CITY MANAGER council/manager form was 7,322 for Soderstrom was reinstated 51/2 The city government of Yakima could change from a council /manager.. and 3,709 against. But a legal hours later, but that failed to placate form to a 'strong mayor' form if activist Larry Mathews' campaign is DEPARTMENT HEAD DEPARTMENT HEAD DEPARTMENT HEAD DEPARTMENT HEAD technicalit pu t he election results irate citizens. - . accepted by the voters. • -- in question. Four hundred Yakima` residents • The legal advertising of the elec- met the day of the firing to form the Court judge dismissed the recall When the next election on changing I ELECTED MAYOR lion was not published 30 days prior Citizens for Better Government petitions against Mathews. to a council /manager form of ■ to the March 13 vote as required by Committee. The next day committee The recall continued against government was held Nov. 4, 1958, it VOTERS I state law. members demanded that Schutt and Schutt, who was charged in March passed by an even greater margin. , E I I A Yakima County Superior Court Mathews resign or face recall. 1957 with grand larceny and corrupt On June 1, 1959, Yakima County Judge ruled, however, that there had Schutt and Mathews, however, practices for allegedly stealing three Superior Court Judge Dolph Barnett, MAYOR I COUNCIL I been enough publicity in the refused to resign and recall efforts of the recall petitions from the city the father of current City Coun- t newspaper to satisfy the publication got under way. clerk's office. cilman Clarence Barnett, swore in DEPARTMENT HEAD DEPARTMENT HEAD DEPARTMENT HEAD DEPARTMENT HEAD requirement. His decison was ap- Mathews sought and was granted a Although a Yakima County the first seven - member City Council: pealed to the state Supreme Court, temporary restraining order against Superior Court jury found him not At the same meeting, the council for which ruled 30 years ago today that the recall movement and on Dec. 24, guilty, he continued to run afoul of malty appointed Ellis J. Allison-as '- the election was invalid. 1956, a Yakima County Superior public opinion. the city's first manager. • 1 / 0 . . . . . i . , . . C dr# '' . 0 ..., • . .. . • • . .. 6). , t" . . s .. :* F of city aNSinE'f'. ,,... 'Yh,,l: d' governnment straw ballot is your chance to e heard — 10 b 1 A to e • By KATE MYRA 0110e Henitl•R•puellc • City government has For the first time in almost 30 n/� �v changed before — 3A years, Yakima city voters have an . J!.a opportunity to throw the system out. L Larry Mathews says city govern- ment is not working, And he wants to — — • Mathews proving you replace the current form of govern- m • can fight City Ha l — 3A merit with one he says would be more responsive to the will of the people. Critics of the Mathews "strong mayor" proposal say it would, in ef- ° ' , � K.. feet, amount to nothing short of a dic- tatorship. What residents are being offered is i,, a a choice between the coun- � :, cil /manager 'form of government, a E'rift-7: P, S • • with a city manager hired by the City . • , 2t1b 1 , F i Council to administer city govern- l ' • 4 ment, or a council /mayor form, with ''- +• % �. a mayor elected to represent the P " r ; f ,• • citizens. Mathews a civic activist and • • former city commissioner, has _ almost singlehandedly led the drive to overthrow the current city govern- ' merit. He- authored the proposed City seven council rnemb9rs.. ' Critics claim this kind of control . Charter amendment that will be on The proposed charter amendment would invite nepotism and • the ballot March 15. would give the maa'or veto power patronage. Mathews believes. the current form 'over ordinances and resolutions Mathews' proposal also calls for of government,, adopted overwhelm- adopted by the council: It would re- five of the nine council members to ingly by residents in November 1958, quire six votes — or a super majority be elected by district. The remaining is no longer responsive to the needs of the council to override the four would be elected at large. He of residents. He says the city 'mayor's veto. No one has veto power said this will provide "better • manager cannot be held accountable under the current form of govern- representation." because he is appointed — not merit. • elected. Under Mathews' proposal the Opponents, however, contend this His answer is to add 'two more mayor would also have the authority will reinstate the old ward system members to the council and replace to: Y and encourage pork barrel politics. the city manager with a strong • Review contractors' bonds; The charter change would also re- mayor, who would be the. people's • Monitor city contracts; quire the council to hold one evening spokesman on the council. • Appoint members of boards and meeting a month to give working According to Mathews, the mayor commissions; • people an opportunity to attend.' would circulate in the community, • Appoint a deputy mayor to hen- There is also considerable listening to the needs and concerns of die the city's administrative affairs; disagreement between Mathews and • residents. Armed with that informa- • Give a written answer to all writ- charter change opponents over the lion, the mayor would develop policy ten questions from the public; and cost' of the strong mayor govern - • • and present it to the council for adop- • Appoint an ombudsman to repre- • ment. • ciao. sent the public in dealing with city Accord to Mathews, the new Mathews says a strong mayor administration. government would be $11,630 • would provide the city with the The council's responsibility would cheaper than what the city has now. leadership it so badly needs. He be to establish guidelines for all ad- His proposal would eliminate the city • describes the current. council as "a ministrative decisions and pro- m the manager's salary of $64,667 and set body without a head. ". cedures by the mayor and to oversee ayor's salary at ney' o which • But critics argue Mathews' pro- the conduct of the mayor and staff. is what the city attorney 'now gets posal would give the mayor too much The mayor would hire and fire the paid. The deputy mayor would power, relegating the council to a police and fire chiefs and depart- receive $53,954, which is the assistant rubber stamp. They say the current ment managers — a power that city manager' salary: Even with system is better because it makes supporters of the current two additional council members, br- distributes power equally among the government very nervous. • (See CHANGE, Page 8A) •� r , • Change / from Page 1A 2-ze-se inging the council salaries to $35,100, . The committee's assumption is the 410 the total cost of the new government deputy mayor would be too busy would be $165,073 a year. handling the work now performed by- But Rick Linneweh, chairman of the city manager to also take on the the Citizens to Retain the Coun- workload of the assistant city cil /Manager Government, said that manager, once that position was estimate is unrealistic. The commit- eliminated. tee figures the cost of Mathews' pro - posal at closer to $226,540. The committee also has figured in The committee set the mayor's the cost of additional clerical help, • • salary at $64,667, the deputy mayor which would be necessary, Linneweh' - at $60,600 and created the position of says, with two more council director of administrative services. members. • -- — — — — -- - S . , ... - 'a a - :. - ' h- _ 'i = +„ ;w r• : £" . ' e. ..P -- ' .- W. .:. 1.,_ .*. r_ v ..,_ x cl• . - - . *_- .sew 3t:� Yakima Herald - Republic a Oily part Of you life. Sunday, March 6, 198B —JA Manager-mayor neve ,:. By PETER R. MENZIES -s.� y , ~ c "If there's any trend, it's toward coun- says Betty Edmondson, who was mayor al the N.nitl•R.pu01k t - • , cu /manager, not away from it," Lamb says- - from 1975 to 1982. "He's not only kept the At the turn of the century, Staunton, Va. — i s t Miller, who teaches in the Graduate mechanics of the city going, but he's done it -.. . ,., w� School of Public Affairs at UW, is a strong without being a spendthrift. He's definitely a a town of 11,000 in the Shenandoah Valley — had streets mired in mud and a city govern- �� ^'�« r proponent of the more council/manager form, professional's professional. He's very objec, ment that wasn't much better, - y saying it brings more professionalism to city live." "In wet weather, wagons went hub deep in -, .rte fy � K '� _sue x , a government and provides greater insulation Says Ken Groth, a retired city firefighter the mire and it was a feat to make the cross- _ �TM from political pressure.. who served under always as a gree chief h ot ing on foot," according to one observer in '�- �r ., -' ` - -4 � -" r "My personal view Is that it has improved 1806• _ ^F _ • �• ¢ P five years, b I don't always agree with whin in a The town's government was 5 Dick job a but I would say he's He's a n ' x • 8 equally • -1 E nd has been responsible for improvement M city government all over the country," treacherous — the city was run by .a 22- ' , Miller says. "For the most part it makes a the job an Bit a good manager. He's an 'ex; member council, which was under the direr celient budget man." • lot of sense, except for in the very large tion of 30 legislative committees. x d~ '' 3 • elites." • Indeed, Zais prides himself on his alien- "No one could agree on what should be y " p . - Larger communities — those with popule- lion to detail on budget matters, but con- done and this left the various city depart- f'£. a lions in excess of about 200,000 — may be eiders selecting able assistants and keeping; ments drifting without leadership," wrote rt- _:,, .. better served by a strong mayor who can act council members informed of issues con - Richard Stillman, author of "The Rise of the as a focal point to bring a city together, fronting the city equally important. ree City Manager. 4,. Miller says. "I've tried to foster to the best de City government in Staunton was a classic'` a• "You can make a case for a strong mayor possible close communication with the coun- case of excessive participatory government. . • _ where you need more dynamic leadership," ell," says Zais. What was needed to unclog Staunton'a " "' ,. Miller says. When you have a council that In fat, Edmondson rates him highest on streets, as well as its cumbersome govern- r Isn't doing much, you could make the case that score. mast, was a "'municipal director" — a for stronger leadership. But you could also "I give him the highest stars for keeping • salaried official charged with taking care of� " f make the case for electing better people." the council aware of things in advance," Ed- all the administrative work of the city. Mathews is trying to make the case that a mondson says. "There is nothing worse than ' strong mayor means a more responsive to come to a meeting and be surprised." Thus, in 1908, was born a new form of city government — one that today is commonly government. If Zais has an Achilles' heel — and he ad- referred to as the city council /manager " _ t Mary Ann Steger, a political science pro- mite he does — it's his public demeanor.— form. = • fessor at Washington State University, isn't he's perceived as being aloof, austere arid W ashl n "They had large councils in those days, ".. necessarily convinced. somewhat wooden. says John Lamb, director of the Washington v "I don't know that one can say one form is "The area I always seek to improve is my •• Municipal • Research Center in Seattle. inherently more responsive," Steger says. image. I'm perceived as being formal:" "They were unwieldy. This new (coun- v •g x, " The perception is The council /manager says Zais. ell /manager) government was an attempt - ;^ • , , , � form is less political and more based on That may be the reason some former to streamline the process. The real thrust -- �. skills and qualifications. But in practice, employees, w ho otherwise rate Zais strongly was to bring professionalism to City Hall." a + - ..c t • both forms end up being equally political as a city manager, give him less glowing Yakima has had a council/managerti -,,, h • s because the city manager has to take on grades for his personnel management and government since June 1959, when voters •e g t` " political roles. I don't favor one form over motivational skills. threw out what was then a three- 4�_ ,u �. � the other. I consider both ,to be strong ex- "If he had a weakness in the past, and you commissioner form of government. �_ -•, - r ecutive forms. understand 1 have been retired for five �� The three - commissioner form, most ex- w 5-- xr x'• • +t , There's no doubt where Dick kim city ears, it was in s of perts would concede, turned out to be a t s rte , •,;t, ; i - ; • After all, he now sits as Yakim city , employees," says people rth- B B l ut I think he tins disaster," says Ernest Miller, an associate Q 3,,.. , Z� • manager — a $65,000 -a-year position he's matured in that area also." professor of public affairs at the University r V • ` held for nine years. Under the strong mayor form of govern- of Washington. The commission form is a -,,� - ,, ' -., F � y The job requires professional training," mast, many of the duties and reapon- sure promise for Ineffective government, if r; Y �. • says Zais. "There's no amateurs in here run- sibilities performed by Zais would like) be not graft and corruption. I never hear t' P Y Y g P �4, c y , ningthegoverntnent carr out by a deputy mayor, who would anyone proposing that form of government ' Zais earned a master's degree in public be appointed by the elected mayor. any more." �" administration from the University of Zais finds that notion objectionable. . r e r4-`. E` a „� �. ry Y 4 . Y But the debate over how best to govern a 4a = — •'° °� - - = - Washington in 1973, and after working for "Deputy mayors don't have to be train- P city still rages. It's just that the focus of the (51.11 photo by Kid tUWE the city of Yakima for six years, was named ed," Zais says. "The mayor could choose his debate has shifted. Dick Zais: `The job requires professional training.' the city's fourth city manager at the age of campaign manager or a major contributor. "Most of the reforms have been aimed at That's where you have the risk of improving the effectiveness of government sive to the will of the people as it should be. Richland, Tacoma, Vancouver and Spokane Today, Zais, now 38, manages a $45 favoritism." and that generally means strong leader- Supporters of the current form of govern- — are operating under the council/manager million budget, a $2] million payroll, 38 But, say supporters of the strong mayor anagers and more than 600 employees, concept, with a mayor elected at large you ship," Miller says. "So in this day and age, ment say it works, it's more professional form, where the council members, who are m the two most popular forms are the coun -- and it's less vulnerable to cronyism. elected by the voters, choose the mayor as "I am the CEO of a multi-million dollar get a high- profile leader who is directly ac: cil /manager form and the strong mayor." "There are pros and cons on both sides," well as the city manager. corporation. I share responsibility for countable to the people. That very debate has been triggered in says Lamb. "It makes for lively debate in All told, however, the vast majority of the leadership of the organization.'I'm the ad- Sums up WSU's Steger, "The inherent Yakima by Larry Mathews, a former political circles throughout the country." state's 266 cities, or 229, are served by a ministrative leader. The mayor and council weakness (in a strong mayor government) - Yakima city commissioner who is lobbying Washington's 10 largest cities are equally mayor /council government. Thirty four are the political leaders," says Zais, the only is that you don't necessarily have someone for a change to a "strong" mayor elected by divided on the question. have governments like Yakima's. son of a former U.S. Air Force officer. with the background to face the problems or the people. Five municipalities — Seattle, Aberdeen, But, as Lamb points out, those 34 cities ac- Zais has served as Yakima cis} manager a modern city. But with city manager, you Mathews c that the current seven- Everett, Bremerton and Bellingham — have count for 91 per all city residents in longer than any of his predecessors and, by lose the direct politi . member city s like a "body without strong mayors, meaning the mayor is the state, and residents vote for most accounts, has matured into a most able Or, as Lamb obse he debate can go a head, a Ylf mast that lacks a directly elected by the voters. change, they u vote for a coun and competent city manager. on endlessly." ads nri thnc is .. "t o. .e....... •r,.,. ---- - - .. -. .. recnenizerl le .,t tti,i..t. r.e •. e., ee,...ne..t .. a..- '_:_•__•__ ,, ...� - -- .. -. ... • • • • • • • . Mayors t ` ' i-y towns like = .systems ` y '��. they have IE B KATE MYRA , 65 t y ' Of the Herold- Republic ' y - > r C r F ■ Yakima and Everett residents _ c voted to get rid of three-man the th , c' commission form of the th reent'in X '� �:- �; s' r - ` t � a • - s' a: i r 1959. But unlike Yakima, Everett ;� '? / . voters � t • - mayor instead of a city manager. - • - �, ` °,h � ' r oters chose a strong ma , Everett residents made the choice j 'a ? . ' - 4,.:..,114- R 1 �; r 4 ' t z . Rr ,s 4 s Ir. -r I r Y ' k 1 . ,s- -' T _ � `., - - ,11,...,:' council /manager form of govern s.i �'s�~ . € �. � r" ,� g ` , ,� I .; � s � , lrsx ' coun was preferable. � '01 - g i • - t i` t ;: :%in.4. 'r � . 14 4 : — 1 -- T despite recommendations that the We were told itprobably wouldn't 2 ' `' I p i - j4: ...4:::. v?' ! `� z- !' te r` ` • work . , E w .r, - � ' tt,_. z .-.• :- - a , . z s e. �: : 5 ,i r ' _ %; s a F , as in Everett because of the ;,. T •_ Ir : 40c=1:110,„ i .- , T a' ten Wikt.::::`1:... f ` str ori labor orientation. Th N � >i : . ,- r .•,u.�..... , . � �. `:,..` ...;, f (i.,111,-,T4::::.-- - r � � r �- � . _ - �r - e , :,.tee , :... '. & ,s..::' � . i 3s.2 yH' - 4, , ; - -, ,=•,t< - '- k-,,,(;,. j .-, T _ ' `' � f residents want contact with their s } .. � . -- . .. . - _ r� . � � �� ' i� s - + ��'i '1.F - ..�',_� < r •� 7-34,..7:44,..4,4i. +. Y �� z � �, � - ' �' v. .+„ i ad:. .. - ': ._ ^ y ' -ii'., 35 F M '�- _�-+' - Y's"'e••r a _ . �!. i j I representatives and would not ac- y,. _ >� ,...F `iiri �.: ; ' . e e ti_ 0 , ■% $ a .�-'' . f`. ''�t .; cept a form without that type of con- . tact," said Everett Mayor ' Bill ;Staff photo by Roy remleup Moore. Larry Mathews, left, and Rick Linneweh argue the pros and cons of changing the city government at a debate before the Herald- Republic editorial board. But Moore said Everett residents have been happy with the choice, a unlike a group of Yakima residents T s i d �] think the deci- y� ^ • sion made 29 Yakima voters will have a chance apart CCC��i ///'''��� }� issue • to follow Everett's example and By KATE MYRA VV in- Repuclle See related stories — 3A board, the two men presented their conflicting views of adopt a strong mayor form of of the Here government on March 15. There will the proposed City Charter amendment. be special election to determine Larry Mathews and Rick Linneweh have made the Mathews has proposed replacing the city manager whether voters want to change or Proposed change in Yakima city government as simple with form of government. an elected mayor and adding two more members `` '�� .. '. whether they want to stay with the as possible for voters to understand: It all boils down to to the City Council, bringing the total to nine. >iaE &: :::,; .' good vs. evil. Linneweh says if voters adopt the change Mathews is council /manager form. , proposing, said Yakima would end up with a strong He sa the mayor would have the same basic ... .3,,. Everett is among the majority of They don't agree, however, on which system of g mayor y "' % ' Washington cities who. choose to be , government is good and which is evil. more like former Chicago Mayor Richard Daley, a responsibilities as the city manager, but would also despotic ruler doling out political favors. have veto power over council actions. The strong Q governed by a strong mayor. Ac- According to Mathews, who is pushing to change to a Linneweh says voters must retain the coon- mayor would make all the appointments to city boards . cording to Moore, who has held the "strong mayor" form of government, the current cil /manager form of government, which allows for the and commissions and would monitor contracts by the ............ . post for 11 years, it is a system that system is secretive, ineffective and manipulated by the fair and equitable management of the city. city • has served the city of almost 60,000 Yakima Chamber of Commerce. The issue will be decided in a March 15 special elee- Mathews said the mayor's veto power would "get a people well. The answer, he says, is to replace the city manager tion. The measure does not need a certain number of some accountability into the process." `We have achieved momentous with an elected mayor, who would be a political leader votes to validate, which means it will pass or fail by The mayor is going to be the primary force develop goals. We have literally rebuilt the along the lines of Franklin D. Roosevelt. - simple majority. ing policies and making recommendations to the coon- . city in the last 20 years. I can't think Not so, argues Linneweh, who is heading up a corn- Mathews and Linneweh are spending countless hours cil "he said. of a nicer, more pleasant form of mince of former City Council members and trying to get their message before the voters. In a re- Mathews denied the mayor would run the city like a • (See MAYORS, Page 2A) businessmen who want to retain the council/manager cent debate before the Herald - Republic editorial (See DEBATE, Page 2A) a q • • Debate from Page 1A 3 — g' , !7 dictator, as opponents contend. He "There is the issue surrounding the • Linneweh also str his Sears the current council is ineffective and Mathews' proposed system would be "The only reason we're pushing for says the mayor would be more like a concept of strong mayor of power about Mathew s' proposal to enlarge questioned whether very many any more efficient with nine council the mayor form here is simply we quarterback. broker and our (the committee's) the council to nine, with five residents share that opinion. members, particularly since his pro- are a heterogenous community with ' The mayor can only function if position is that the seven council members elected from districts. Linneweh asked why, if the council. posal would reduce their respon- every problem you can name and we that individual has the support of the members we have now are equal in Under the current system, four of is so blatantly ineffective, were five sibility and authority. • aren't going to solve it with a corn - community," he said. responsibilities and jurisdiction and the seven council- members are members returned to office in . "I see nothing but progression •mittee sitting at City Hall with a Mathews said the veto power in the opportunity for being a elected to represent districts. In the November. from this form of government," said hired manager," he said. Would allow the mayor to "slow down problem - solver," he said. primary election, only residents in Mathews' offhanded response was Linneweh. "I rea11 don't think the council is council action long enough for public Mathews countered that charge by that district can vote in their par- '.'name familiarity." Linneweh' suggested Mathews' y ' debate. stating the present council is already ticular council race. However, all Linneweh countered by asking, dissatisfaction with the council is ac- honest in dealing with the public. • - the "We're interesttalk talking protecting run by e special-interest cial- �terestgroups. nterest residents vote in the general elec- "Would you ever accept as plausible • tually the result of personality dif- the of litle there is . public g got B government y that the majority of individuals truly ferences with certain council an issue that affects the well-being of Linneweh, however, disagreed government. We've got overnment Linneweh said the s stem are not dissatisfied with represents- members. Linneweh said his corn- the majority of the citizens, they just i that the mayor would protect the that isn't responsive to the people. Mathews proposes would encourage lion they have, that they truly do not mittee, on the other hand, is not are not sensitized to it," Mathews public interest and said a strong We've got government that shuts its ward politics and pork- barrel legisla- see the necessity of implanting dif- working on behalf of the current mayor system would more likely eyes and goes -along saying how nice tion. - ferent individuals ?" council members or city manager. said. foster special interest. everything is," he said. He disputed Mathews' claim that Linneweh expressed doubts that "Our efforts are not directed at . But.Linneweh accused Mathews of people who are in office right now. simply "proposing change for \s'e're arguing for the system, not the change's sake" and said Mathews' II ir personalities," he said. radical approach to the problem is a.YorS� But Mathews claimed his fullofboobytraps. l,1 lJ ►7 from Page 1 A 3 -� r $� c riticisms are aimed at the system, "There are roots to the tree you're • which said is inherently ineffec- trying to grow that certainly can turn Live. rotten," he warned. government," he said. government say Fiving the mayor before running for mayor. very well. I wouldn't try to say this is Moore had four years of ex- veto power over the council will- Yakima resident Larry Mathews a better form of government. It • perience on the City Council before result in a dictatorship. But mayors based most of his proposed City depends on the community," he said. moving into the mayor's office. who have the power say it is rarely Charter amendment on the •Bell- Auburn Mayor Bob Roegner said Those years, he said, taught him the used. ingham charter. Like Douglas, there have been a couple of times value of working with the ad- Moore said it has never been exer- Mathews believes a strong mayor is, over the years that someone — usual - ministration. cised in Everett. more accountable to residents than a ly a disgruntled councilman — has Moore was a business owner and ' ' W e ' v e ) never h ad any hired city manager. suggested a change of government. civic leader before taking on the disagreements in passing the budget. Said Douglas: "Department heads "The discussions simply did not $70,000 -a -year job of mayor. It's how the administrator works are directly accountable to one per- get very far. There was no apparent Although the strong mayor system with his council and how the council son who can give them some direc- support for changing," he said. • has been successful in Everett, works back with him," he said. tion. It does provide full -time atten- Roegner has been a member of Moore said that doesn't mean it will Bellingham Mayor Tim Douglas tion to the city. It brings a sense of Auburn city government for 12 years work well in every city. said that only once during his four community directly to bear on the — six as a councilman and six as • "It can work bad if you elect a per- years as mayor has he found it day - to-day administration of the ci- mayor. He is paid $55,000 a year to Son in the mayor's office that wants necessary to veto an item approved ty." govern Auburn's 30,000 residents. to be a hero and doesn't want to work by the council. Douglas is the sole administrator He took over the reins as president with the council," he said. "The council and mayor have a for the city of 50,000. He does not of the Association of Washington Under the strong -mayor form of good relationship. There are dif- have a deputy mayor because it is - Cities from Yakima City Coun- government, the mayor has veto ferences, but we have a good deemed "politically unacceptable." cilwoman Lynn Carmichael in June. power, hires and fires all employees understanding. A veto should be un- The former dean of students for "In my studying of cities, very few not covered by Civil Service and necessary if there is good corn- Western Washington University change unless there is a major, ma- oversees all city contracts. munication between the public and receives $46,000 a year as the city's jor scandal. A city grows up with a Supporters current form of council," he said. mayor. form of government and citizens are Douglas also worked his way up "I think this form of gove very reluctant to change," he said. through the ranks of the City Council, works very well in Bellingha having served four years as the ci- think in communities at the up - - • • ' - . - \.1 •.• , . ' .. , • alW.1•111a111111‘11 1 4 : - -. . • . • . . , ii'• • , 3 - 1 3 --..: g g . ',.. • „ • . • • - .':;...- ditor . • •• • , . • ......... • • . . . • . : . • )• Good government . . plan. By 1915, there . were 49 ' „. ina aer ) V ote no . .. • -. 0 •••• • • . .g . clUes and five years. :. . .. . ; . • ... „ :- ,,,......e, .. . • :.'' 1 P ,, 1 . 1 To the editor --... I feel compelled .:. later 158, This number has in- ..,.., : To the ' editor . - There are .., . to respond to the current efforts creased ever since. - '• • many • reasons to VOTE .NO..on ', ', • . I,. • . Under way. to change the City of • Joseph Zimmerman, in a , March 15 to the proposed City-pf • -, • . • ., I. : r , . ,..-,0ram 'Y a k i m a ' s . . , 'STATE AND LOCAL GOVERN- :. Yakima 'Charter arnendments.'1' . • . . • • ti ' • ',,-;;.• '-".* ' r. Council-Mans • , • MENT text* , cites four ad- will mentiononly one. * , . - ::: ' . i. 1 ,1.,. ..., :„ • • per • form ol • vntage8 for ' the council- . It seems Incomprehensible tillit ' • . • . . , • ' . ' ( . • Ft4: ...,*: !' Government .... Manager plan: . • , ; .' • . .. the proposal was draited to allow t ,.:.. per f( T. ' •, i i to . a strong . ' ,. - (1) The direction of admiMstra- '. an elected official with so much '.. '' ' • . . . • • ; I lkl.- ;,., .''' , . . Mayor form. 11, .'Uon Is completely centered In one .' ' concentrated power and Ottani • ' " '; -... 4 '.. . ' . I h 0 v e;::! professionally-trained individual. ' .. . - , ''• ' .. ty. , •• . • ,. - . ; ' . .. - - , . . • .; .. ..;.,-;;,,,, . ; ......, ...: served oz t th . :. - . (2) The plan is simple and the .. •,'.', , . • . r ., • ,,_: • • • • . ., . ,...4.ArtzlICE BARNETT ouncil ast 1 , . ' • . • ' governmental processes are Yaki°314 • • • • , t • ".•'..":. •.e C • for ','' • . . . _.,... ...,... .... ,,;.; t‘.'„: the'p : ten ••4...readUy followed by all voters... -... *•*;;;„!;', .,..,.'',.:•:...;.'.. ,.. ,-.; .1. ; . 11111 ..A, ••' • : . . .. . ' ..• '.. • S' "•-:'.'-'..• '•*... years and-am • . (3) Responsibility may be en- e', .• ,.': : ' )....• • ....: ' . ... - .- :- '!.:01.!4 . ..•:,. ':-'' ' ' now' hs ' • in • . Y forced by citizens upon the coun- '. -... •...........! : :' .-7 ..:: ..".',4;;': •••1 • eleventh •.; CU and by the council upon the • '• • ....' e• ' ••.': • -,;'. •••• .. .*• '.• '., ..r.T . .- • ' • . -: ' .. ' . . • ' !,' BEAUCH manager. `T he facts . AMP . year. During ' - ' • •-/10.‘ • - . -. '--• 4 '' - . . (4) The deadlocks and delays - • . ' • - . , my ten yeara of service, I have . • encountered In other forms of • • c, . , • seen the Council's 'work and - To,Use editor • Hooray'for the * :.. : observed the process in dealing ' municipal government are avoid- 4 ' ' ' • . . . • . .. . • ..: City Council. They have finally , •.: • . with local concerns, whether they • - Yakima has a crime -', • '.• ' . • were citizen complaints, sugges- ... These reasons continue to be discovered Ya and drug problem. A committee • • . i valid today, and enforce the ' • ' • ; tIona, taxes, municipal services,' . was appointed to study the .pro-7 . . • reasons for maintaini • em and report back to the Court, : .; ' • ••• or whatever. Council members -! • ng our pre- bl . sent council-manager form of ci- • ' • .. spend a great deal of time study- • 61 in ten days. Strong Mayor - • . • :' :.; .,' ' • . -• • lug issues and concerns; they are _. .,ty government. • • : „HOWARD C. COLE ' wouldnt need committee to en:- • - ! • .' well informed and co hied to ; ..' -.....,- • .* • . force drug laws. AcUon, not talle,'".., .; . . . L ' ;running • City Government in a .. •' ... -, •`• ' Yakinta, WA • , . • - • . .. • ts needed. . •' - ., ..----.... • . . . ' • • competent and efficient manner. ...i., r Zimmerman, Joseph F. ‘,.. • • •,- The . • -"Chicken ..' Little: - City •-''' ' • ' ' • • • ' . ' Through the' past ten years, I've :. New York I Barnes & Noble, • 1973 :_11',:. _ . •- . . '. • *observed a responsive and caring . P.156 •'... • • . • • -..... - - '. :- Manager Committee et'yinIg ' • . . Sky Is Falling" has invented"' .1 • ' • . . ••• attitude displayed on the part of ' ' .... . - ... '.* .-.•: , • •'-'' ,' • • %. • - • • - • . • facts and uttered fantasies. • . ' . . . : the Council and City Manage- r .. • . . " • . . . ' ' . ." FACT; Cost for Mayor-council s". . • • • ' . • et , • (. .• Inn. • . . • ' ''.'; Former. IlIcrIlbM ., ,,,,, . . •• • ... • ' I have also seen high of : • • . . ' • ' • :" .' • • ' ' , tl. ' .1 .honesty and inte rit thr To the editor -. AN f ". , 0.... f • . • 1 , pre government.... .1 ••■•.'' • '•1 ,.. ---1. .. not need- - . • • • .• . ; '..!-, maew 0 ijirnerritterr 'the Y 8 kirna - Laty . ed. Rooncijor twornore at Cooed - . • . • .. akima City Council, ; . 1 ±';•: - .. . Council, we oppose the effort to .1.- t 7 ..,;..,::,.;.• ,;.. •7 , .4. , .. proposal Is suspect. Larry . - .!_.,.. abandon Yakima 's Coiniclis '.• - FACi. :m ' . • • Mr. Carry' Mottheive, w ho ., . : •. . -,, ,. ... cares if Manager. forin - of government. • .. S ..' leading* this Mr. to changp -... wins award while aee the •" • • The ballot Issue Is an example of . • • our • Current form of government, - : • ... highest crime rate In Stole? . ....T.r .. •; ;.. .1 • .... • • ' '.' • • .• trying to fix something that Is not • . . • 111 .• ... • . • .. Ls a former Yakhria City Corn- • .. . . , FACT: Who carea . It expp . T • ' k - missioner who served the City 0 : ' -.broken. : ' .1 • • • . , • .• •- •;.- .clitures are under budget if ise'.." ' ' • ' • The process which surfaced 4" • • ". .. Yakima in a Commission form of ' • • don't have money' to takecare of - ' • ' • • is . • .. problems or prOvide street lighta . '. • • ',!* government from 1956 to 1959. Ac- th • , .- . Mathews has a right to advocate..., • • cording to history, this COMMLI. ". on the East side to deter crizner. ' .* - ' . .. • .. sion was booted out of power M - his view of local government, but .. FACT: City opposes econonstp.',.. : • . • .• ,',' 1959 because ' of ' widespread '' wholesale change should only development which would' .• • . • : • ' follow broad-based community . • . . • ' ' -7 citizen dissatisfaction' with its • threaten special interests:t • • • i dscu.ssion. . .• . . • : • ; ' government • operations: I have.. -- • . . Safeway fought the City for flora.. • . • •. . • 4., • .. not heard those complaints con- • -• • ' The - popular elec • - • • 2 • Uon of , .., . years to build at 56th and Sum. -• . .; Mayor may be the least signifi- . -, . • . ' cerning this. current form of ' mitview. Norton Carlson, retired • ' . • . i •. he proposal. The , • . ' , . . • • . . • ' • .cant. part of t - P P I Safeway Real Estate Manager " . , • . , i _ . , , • 'strong .",?„ with 25 - .. government suggested mayor • s years experience and $3Q •'' • ' ' . . . • ! .. ' Mr. '.*Matthew's proposal , --.-- "" • • system shifts administrative • • • • • .. • . holes in it and is scary; It Is 'mu- • • "e;' million worth of developmenti • . , • ' . • • responsibility for city govern. .... said that Yakima • was the most. .. ' • ' ,, .: row In analysis; and the process .. meet to an elected Wide/. Our ' • • - difficult and most un- . • • ...: ' . ; • In developing this charter amend- . • • City Manager and staff are train- , , - • . merit has been a closed process; : muncipality he had • . , ed career. professionals, well . ' . the public has not been Involved, !'; qualified to deal with the corn- • •. 'ever seen. • - : - , ' , ,i ■ . It has simply been a very small ' • • • - • .. - FACT; Mayors of Seattle, Bed: .. plexities of modern city govern... .. - • Ingham, Everett and Bremerton . ,, . ! ;.1 • .: ) - group of people crafUng their ment. The proposal would pass . . ' version of what they consider to .. . . . are managing their cities effeo- - ...' - . management responsibility to a - - be a better form of government . • lively. Yakima Mayor wooed do ' ; '';.,,' Mayor armed with an o • ; • n ' - open l - 7 ‘p the same . .- - • - •• • ' - '.• • • • • 1 - • : '1 • for Yakima: Consequently, there .• 'FACT: . Electing by 'district • ! -i' ' • - . .. ta. vi lion for political patronage; : ;,. ... are many .shortcomings. In the ,•, 3. The Cowell-Manager system .' ,. - make . Council omits proposed charter amendment, , ., . ' ' . , promotes cooperation between : :• responsive to citizen nee . . .. .1 • Ive t !the ds '' ,. ' • ( n . . I personally feel that this pro- - Councilmembers • and staff - ' • i . . FACT: The elected Mayor rm ! . . . • j , posed form of government opens ..'; working together toward corn- • . • • ' political leadership or.: • . . 1 the door to back roem politics, : • mon goals. The roles of Manager * .: • the ,art of compromise to mold . .... ' - . political patronage, and the hir- .•*;'' and Council are clear. The pro-' '. . . different opinions Into a single . • . ing of . relatives .and friends, '-: posal would encourage an adver- ' . . . .. . administrative policy acceptable • . • . . , . . . possibly without a serious regard I' sary relationship between Mayor. ..1 . .• • . • .. ° the Co unc i l and the Public. for professional competence. • ... .. and Council. The Mayor is given' "". , ....( . - . ' — • • . . . . .• FACT: ' The elected • Mayor' . , • - * ' . • . • . : . ! urge all who read this article . both l e g i s l a t i v e end : - u aggressively push fort s . would ' '.• * ' ' . . . i • .. end respect what. I stand lor.to administrative responsibilities..., : maintenance p ro g ams to 'se e • • VOTE 'NO' on this proposed - . He could veto legislation and ap- . , streets, sewers, water s' ystel• * - - •• charter amendment.. . • - '.. .: **. •■ point his own staff. There is no . • •• and he ' . an par from deterioration. • ..• • • • • • reason to vest one person With.: • FACT: . AU Mayor appoint= . • . .. . ; ' We presently have a system - . .. ,,. s po . ... . .. which represents the people. The .... mots, under Article .1, Section s .. . ., - ' . • , . 4. Our, present system has • is. - llof City Charter, must be made'-'• ',.* • • • '. ' can change the Council . , . -,. good record of accomplishment. 4) .... • whenever they feel that we are ' on basis of executive • and ad- •'. • • Our Council has: - ' . ... . mlnIstreitIve ability, training end' • • '2 not representing their Interests. • , ... , adopted comprehensive '''' ' experience. (Same requirement .,. - . The City Manager works tot' ....area,wide 1 in ."*; now for City Manager.) . '. • ''. and reports directly to the City • • . • • • • • - ..' ion with the , • in coopers- •:(..' FACT: Yakima. a city witil..:: ' • . • • - Council ' there is ' control arid ....;; - rebuilt and encouraged the .. . . .. • 50 000 people,- purely has person ound management . • , snd leaders i .. a - with executive skills to run Use a.l.'„ • , . ' ..' ship at City Halt contrary to Mr •• , .: . ' i .i.C.BP1 1 1 1 1 Theater ' ,. • .- • ,.. . , .. - - . constructed and benefited . ' t w • - • • ' ... • a nie 3 ° P m "' • .. •.' ' • „Cl..i our Convention Center ' ' .. - . Y ' e ete Prf with IT • ' • draining • 4 •1 . '' Yakima Is considered to be one ••••. .... spearheaded Downtown ,. • FACT": Deputy Mayor, with ' cli•.:-. the top cities in the Pacific .,..., Redevelopment . . . . ' • . : ii management skills, will hart- --, . • • . .: - ; • • , ' Northwest Some good things are ..... • - hired and suPported ex-' die day to day operations and will ‘. •• . . . going on in this town. There are ....,:cellent police, fire planning Mid ..; i . • : prpv de technical advice needed ' ' • • . . • • . problems such as drugs and the e'..." public works departments. ', ' :. • • : need for Jobs, but these ore being -. „ We should not exchange a pro. ' for technical decis ' "" ,. ' • FACT: The veto power of Me .i - .. • • worked on. • ' - ' • • •ven form of city government for.. hi . . . . .. - • ayor serves to slow down the - City . . i .. This ' is financially sound, ". ....an experiment which attempts to. • Council action for the purpose.P(';„ . . . ;• • : • . , .elean,' and has good police . and • • ' turn back the clock. On March 11, • ' raising questions, allowing time ' • , -... ' . fire protection and 'other public •- . for public debate, and perrnitUng: we should all vole NO. • . • ' • services. Let's work with What. ;..... - - ; DON SCHUSSLER . •. the Council to reconsider their isc,( 1.. • we've got and let's all of us - ''. 1 , ' LENORE M. LAMBERT •' • . . . . . .. lion. The Council may overtunr. • • • . ... . • . ., VOTE "NO" to detest this pro-'• •' ' * ' ' ' • ROYAL KEITH • . . • .... Mayor s veto. • . polled, Charter AMendment. : '. • • ---!!' . ' •' GORDON R. WONDER ' . • !... • .'. • HENRY BEAUCHAMP' . . . - • DON W. McNEICE • , . This campaign has Served. AQta • . . • • • • . . develop 'community 'awareness .. • .. : . , ..• . . City Councilman • ' WALTER J. ROBINSON JR. '. . . ,, • about City government. It will ens. , - • ' • • -. .• Yogi:no . . • . . . • . courage others to fight for Ihek.,;. ' . . • . . • . . ' • - . ..,,, • :::.. • rights. The sad thing has been •• - : . . . • , - , ..,.. . . - • . . I effetive . ,.. Strong mayor - ... . personal attacks on me as an in..7*(- . . e • ' ' • • , dividual and perceived threats to.:- • . . . . • ; To the editor - The Council-' . . -*To the • editor - V O T E • , • persons supporUng the change in . i ' • ' Manager form of city govern- "CONSTITUTIONAL CONS... government. This community ' : • ; . . ; men' has proven to be effective CIENCE." Open the doorway to' truly lives in fear of City Hall,'. ; ,... .. . from its inception in 1908 when Citizen representation at City and the potential for reprisaler. ' , Staiinton, VA, became the first ' Hail. Vote for propriety. Vote for And Larry Mathews has no plans I . . . . ' small city to use the form, and in STRONG MAYOR! to run for Mayor. •- ' 1 • ' '1914 when Dayton, OH became . CLAYTON FRAZIER LARRY MATHEW4 , I • . • the first e city to adopt the Yakima, WA . Yakima, WA • . , . . • • • . • • CITIZENS FOR ACCOUNTABLE /RESPONSIVE GOVERNMENT CENTRAL LUTHERN CHURCH. — JULY 12, 1988 1604 WEST YAKIMA AVENUE • WE MEET HERE TONITE TO DISCUSS A PROPOSED CITY CHARTER AMENDMENT THAT • WOULD RESHAPE THE CHARACTER OF CITY GOVERNMENT BY MAKING OUR ELECTED PUBLIC OFFICIALS MORE ACCOUNTABLE AND RESPONSIVE TO THE PEOPLE. IT IS REALLY OUR FAULT THAT THE BUSINESS OF GOVERNMENT HAS BEEN TURNED OVER TO THE SO— CALLED EXPERTS, WHO NOW MANAGE OUR LIVES. THIS MYTH HAS BEEN SKILLFULLY SOLD TO THE PUBLIC BY THE CITY MANAGER'S ASSOCIATION' AND OTHER RELATED EMPLOYEE GROUPS. How DO THE PEOPLE REGAIN CONTROL? ONE WAY WE CAN DO THIS IS TO AMEND THE CITY CHARTER TO INCLUDE A "BILL OF RIGHTS" FOR YAKIMA CITIZENS AND TO PROVIDE FOR AN ELECTED MAYOR AS THE CHIEF EXECUTIVE OFFICER. THE "BILL OF RIGHTS" FOR YAKIMA CITIZENS IS AN EXCITING, NEW WAY TO PROTECT YOUR RIGHTS. BY MAKING THE "BILL OF RIGHTS" A PART OF THE CITY CHARTER, CITY LAWS PASSED IN VIOLATION OF THE CITY CHARTER,: ARE VOID AND OF NO • • EFFECT AND MAY BE SUCCESSFULLY ATTACKED AT ANY TIME. THE PROBLEM WE HAVE TODAY IS THAT ALL ORDINANCES PASSED BY THE CITY COUNCIL ARE CONSIDERED LEGAL UNLESS A CITIZEN CAN PROVE IN COURT THAT THE ORDINANCE WAS INVALID BEYOND A REASONABLE DOUBT. BECAUSE ORDINANCES ENACTED IN THE EXERCISE OF A CITY'S POWER ARE PRESUMED VALID, CITIZENS MUST GO TO COURT TO PROTECT THEIR RIGHTS AT A COST OF THOUSANDS OF DOLLARS. WHAT AUTHORITY DO THE PEOPLE HAVE? THE STATE CONSTITUTION AND LAWS PROVIDE THAT ALL POLITICAL POWER IS INHERENT . IN THE PEOPLE AND GOVERNMENTS DERIVE THEIR JUST POWERS FROM THE CONSENT OF THE,GOVERNED. UNDER THE YAKIMA CITY CHARTER, ULTIMATE SOVEREIGNTY RESTS WITH THE PEOPLE OF YAKIMA, AND SO LONG AS GOVERNMENT ESTABLISHED BY THEM EXISTS, THAT SOVEREIGNTY REMAINS WITH THEM, EXCEPT INSOFAR AS THEY HAVE EXPRESSLY SURRENDERED THAT POWER TO A HIGHER AUTHORITY. THE PEOPLE, IN DELEGATING . AUTHORITY DO NOT GIVE THEIR PUBLIC SERVANTS THE RIGHT TO DECIDE WHAT IS GOOD FOR THE PEOPLE OR WHAT IS-NOT GOOD FOR THEM. THE PEOPLE INSIST ON ® REMAINING INFORMED SO THEY MAY RETAIN CONTROL OVER THE INSTRUMENTS THEY HAVE CREATED. CITIZENS for ACCOUNTABLE /RESPONSIVE GOVERNMENT P.O. Box 26 Yakima, Washington 98907 (509) 452— 1712 SECTION - 2 THE CITIZENS OF YAKIMA HEREBY EXERCISE THEIR SOVEREIGN RIGHT TO REQUIRE LEGISLATION BY THE COUNCIL TO ENACT ORDINANCES PROVIDING FOR A "BILL OF RIGHTS" FOR THE PEOPLE OF YAKIMA. THE BILL CF RIGHTS SHALL PROVIDE FOR THESE RIGHTS:® (I) FREEDOM OF SPEECH : EVERY CITIZEN SHALL HAVE THE RIGHT TO FREEDOM OF OPINICN.AND EXPRESSION. THIS RIGHT INCLUDES THE FREEDOM TO HOLD OPINIONS WITHOUT INTERFERENCE AND K11)I cuL TO SEEK, RECEIVE AND IMPART INFORMATION AND IDEAS THROUGH ANY MEDIA REGARDLESS OF FRONTIERS. WHEN PROPERTY IS OPEN TO THE PUBLIC, THE Or1NER HAS A REDUCED EXPECTATION OF PRIVACY AND ANY SPEECH ACTIVITY IS LESS THREATENING TO THE PROPERTY'S VALUE. TRESPASS LAW MAY NOT BE USED TO PREVENT EXERCISE OF FREE SPEECH ON ROADWAYS AND SIDEWALKS OF PRIVATELY OWNED BUSINESS DISTRICT OR SHOPPING CENTER. (2) FREEDOM OF INFORMATION: THE PUBLIC SHALL HAVE FULL ACCESS TO PUBLIC RECORDS RELATING TO CONDUCT OF GOVERNMENT OR THE PERFORMANCE OF ANY GOVERNMENTAL PROPRIETARY FUNCTION OWNED BY THE CITY. PUBLIC RECORDS SHALL INCLUDE ALL FORMS OF COMMUNICATION. (3) OPEN MEETINGS : ALL MEETINGS OF THE CITY COUNCIL AND ADVISORY COMMITTEES SHALL BE OPEN TO THE PUBLIC, WITH ADEQUATE NOTICE GIVEN AS TO TIME AND PLACE. ALL PERSONS ARE ALLOWED TO ATTEND UNLESS OTHERWISE PROVIDED BY LAW. MINUTES OF ALL MEETINGS SHALL BE RECORDED AND AVAILABLE FOR PUBLIC INSPECTION. • (4) FAIRNESS IN GOVERNMENT: CITY GOVERNMENT MUST BE FAIR, TO OFFER FORUMS FOR CITIZEN PARTICIPATION AND TO ASSURE THAT THE RIGHTS OF ALL ARE ADEQUATELY PROTECTED. THE "FAIRNESS DOCTRINE" APPLIES ONLY TO "QUASI- JUDICIAL" ACTIONS. ALL HEARINGS BY CITY COUNCIL MUST NOT ONLY BE FAIR: THEY MUST ALSO BE FREE FROM EVEN THE APPEARANCE OF UNFAIRNESS. (5) TAXING ORDINANCES: THE CITIZENS SHALL HAVE THE RIGHT OF REFERENDUM FOR TAXING ORDINANCES. THAT RIGHT IS NOT RESTRICTED BY ANY LIMITATIONS CONTAINED IN THE STATE CONSTITUTION OR THE GENERAL LAWS ENANCTED BY THE STATE LEGISLATURE. (6) LIABILITY FOR PUBLIC OFFICIALS: ALTHOUGH THE LEGISLATURE GRANTED IMMUNITY FROM LAIBILITY FOR ACTIONS TAKEN BY PUBLIC OFFICIALS, THE CITY REMAINS LIABLE FCR THE TORTIOUS CONDUCT OF CITY OFFICIALS. IMMUNITY FOR DISCRETIONARY ACTS BY PUBLIC OFFICIALS SHALL BE STRICTLY' CONSTRUED AND SHALL BE BASED ON A DETERMINATION OF GOOD FAITH. ALL ACTIONS BY PUBLIC OFFICIALS SHALL DEMONSTRATE THE ELEMENTS CF GOOD FAITI (7) RATE SETTING BY COUNCIL: THE COUNCIL SHALL INSURE THAT ALL RATE SETTING ORDINANC TREAT ALL CITIZENS OF YAKIMA IN A FAIR AND EQUTABLE MANNER TO INSURE THAT SPECIAL BENEFITS DO NOT ACCRUE TO ANY PERSON, GROUP OF CLASS OF CITIZENS AT THE EXPENSE OF ALL CITIZENS OF YAKIMA. SECTION - 2 (8) PUBLIC TRUST: THE PEOPLE HAVE THE RIGHT TO EXPECT FROM THEIR PUBLIC OFFICIALS AND OFFICERS AT ALL LEVELS, THE UTMOST OF INTEGRITY, HONESTY AND FAIRNESS IN THEIR • DEALINGS WITH THE PUBLIC. THE PEOPLE SHALL BE ASSURED THAT THE PRIVATE FINANCIAL DEALINGS OF THEIR PUBLIC OFFICIALS PRESENT NO CONFLICT OF INTEREST BETWEEN THE, • THE PUBLIC TRUST AND PRIVATE INTERESTS. NO MUNICIPAL OFFICER SHALL BE BENEFICIALLY INTERESTED, DIRECTLY, OR INDIRECTLY, IN ANY CONTRACT WITH THE CITY WITH AN EXEMPTION FOR A REMOTE''INTEREST..ACCEPTANCE OF ANY COMPENSATION OR GRATUITY IN CONNECTION • WITH A CONTRACT IS PROHIBITED. (9) PROHIBITED USE OF PUBLIC FACILITIES AND RESOURCES: THE CITY SHALL NOT GIVE MONEY, PROPERTY, OR LOAN ITS MONEY OR CREDIT TO OR IN AID OF ANY INDIVIDUAL, ASSOCIATION OR COMPANY. PUBLIC OFFICIALS OR EMPLOYEES ARE PROHIBITED FROM USING OR AUTHORIZING THE USE OF THE FACILITIES OF A PUBLIC AGENCY DIRECTLY OR INDIRECTLY FOR THE PURPOSE OF ASSISTING A CAMPAIGN FOR THE ELECTION OF A PERSON OR THE PROMOTION OR OPPOSITION TO ANY BALLOT MEASURE. (10) FALSE REPORT: VERY PUBLIC OFFICER WHO, SHALL KNOWINGLY . MAIE ANY FALSE OR MISLEADING STATEMENT IN ANY OFFICIAL REPORT OR DOCUMENT,UNDER CIRCUMSTANCES NOT OTHERWISE PROHIBITED'BY LAW , SHALL BE GUILTY OF A GROSS MISDEMEANOR. (II) POLICE POWER: LEGISLATION ENACTED AS AN EXERCISE OF POLICE POWER MUST BEAR ® A REASONABLE AND SUBSTANTIAL RELATIONSHIP TO THE ACCOMPLISHMENT OF SOME PURPOSE. .(12), SOLAR ACCESS: EVERY CITIZEN SHALL HAVE THE RIGHT TO SOLAR ACCESS. (13) LIVABLE HOUSING: THE CITY SHALL DEVELOP A MINIMUM RENTAL LIVIABILITY CODE. . (14) NEPOTISM : THE 'CITY 'SHALL DEVELOP A "CODE OF HIRING PRACTICES" TO GUARD • AGAINST FAVORITISM TO RELATIVES OF PUBLIC OFFICIALS. (15) SANCTITY OF AGREEMENTS AND CONTRACTS: •AGREEMENTS ENTERED INTO WITH CITIZENS AND GROUPS • CF CITIZENS.SHALL BE RECORDED THROUGH RESOLUTION AND SHALL BE'BINDING UPON THE CITY UNTIL MODIFIED BY THE CONTRACTING PARTIES. (16) SAFE STREETS : INDISCRIMINATE USE OF CITY STREETS BY OVERLTHE -ROAD HAULING • TRUCKS SHALL BE CONTROLLED BY'ESTAB_ISHMENT OF TRUCK ROUTES THROUGH THE CITY . • AS PROTECTION FOR INNER CITY DRIVERS. (17) ELECTION OF CHIEF EXECUTIVE OFFICER: THE PEOPLE SHALL HAVE THE RIGHT TO CHOOSE THE CHIEF EXECUTIVE OFFICER, OR MAYOR. THE PERSON WHO CONTROLS PEOPLES LIVES ® THROUGH THE ADMINISTRATION`OF.CITY LAWS AND REGULATIONS SHALL BE ACCOUNTABLE TO THE PEOPLE THROUGH THE ELECTORAL PROCESS. • SECTION - 2 (I8) OMBUDSMAN: THE PUBLIC SHALL HAVE ACCESS TO AN OMBUDSMAN, WHO WILL REPRESENT • THE CITIZEN'S RIGHTS BEFORE CITY AGENCIES. • (19) REGULATORY AND INSPECTION FEES: REGULATORY UL RY AND INSPECTION FEES SHALL REFLECT THE TRUE COSTS OF THE SERVICE. (20) IRRIGATION SYSTEMS: THE ELIMINATION OR CLOSURE OF SEPARATE IRRIGATION SYSTEMS SHALL REQUIRE A VOTE OF THE PROPERTY OWNERS AFFECTED BY THE CLOSURE. (21) ENFORCEMENT OF CITY ORDINANCES: ENFORCEMENT OF CITY ORDINANCES SHALL REQUIRE CITIZEN COMPLAINTS ONLY WHEN SO DESIGNATED IN THE ORDINANCE OR BY STATE LAW. • PROPOSED CHARTER CHANGES • CHARTER AMENDMENT ELECTION : SPECIAL CITY ELECTION, NOVEMBER 8, 1988 EFFECTIVE DATE: BILL OF RIGHTS EFFECTIVE IMMEDIATELY ON PASSAGE OF CHARTER AMENDMENT ELECTION OF MAYOR - ELECTED AT 1989 REGULAR MUNICIPAL ELECTION • EFFECTIVE JANUARY I, 1990 FOR TWO YEAR TERM ELECTION OF AT -LARGE COUNCIL MEMBER - ELECTED AT 1989 REGULAR MUNICIPAL ELECTION EFFECTIVE JANUARY I, 1990 FOR TWO YEAR TERM NUMBER OF COUNCIL MEMBERS: REDUCED FROM SEVEN TO FIVE, EFFECTIVE JANUARY I, 1990 ELECTION CHANGES: MAYOR ELECTED IN 1989, EFFECTIVE JANUARY I, 1990 FOR TWO YEAR TERM COUNCIL MEMBER AT- LARGE, ELECTED IN 1989, EFFECTIVE JANUARY I, 1990 FOR TWO YEAR TERM • DISTRICT COUNCIL MEMBERS, NOMINATED AND ELECTED FROM INDIVIDUAL DISTRICTS IN 1991, EFFECTIVE JANUARY I, 1992. DISTRICT COUNCIL MEMBERS ARE PRESENTLY ELECTED AT- LARGE. TERMS OF OFFICE ARE FOUR YEARS. CITY ADMINISTRATION (EFFECTIVE JANUARY I, 1990) • ELECTED MAYOR REPLACES APPOINTED CITY MANAGER, HIRED BY COUNCIL, AS CHIEF EXECUTIVE OF CITY WITH ALL THE POWER OF CITY MANAGER. MAYOR APPOINTS DEPUTY MAYOR, HAVING ALL THE ADMINISTRATIVE SKILLS OF A CITY MANAGER TO ADMINISTER CITY BUSINESS. MAYOR APPOINTS ADVISORY COMMITTEE MEMBERS TO ADVISE COUNCIL AND MAYOR ON PUBLIC MATTERS. MAYOR MAY VETO CITY ORDINANCES AND RESOLUTIONS TO PERMIT FURTHER DISCUSSION AND CONSIDERATION. COUNCIL CAN OVERTURN MAYOR VETO. COUNCIL SETS POLICY BY ESTABLISHING GUIDES AND SETTING STANDARDS FOR ALL ADMINISTRATI• DECISIONS AND PROCEDURES CONDUCTED BY THE MAYOR COUNCIL HAS THE RESPONSIBILITY TO OVERSEE THE PROPER CONDUCT OF GOVERNMENTAL AFFAIRS BY THE MAYOR COUNCIL CAN OVERTURN THE MAYOR'S VETO CF ORDINANCES AND RESOLUTIONS. • CITIZENS FOR ACCOUNTABLE AND RESPONSIVE GOVERNMENT P. O. Box 26, Yakima, Washington 98907 452 -1712 Your organization is invited to help return control of City Government to the People. Here is an opportunity to make your voice heard -- to create a partnership of Government and the People. People will have a voice in the affairs of government under an Elected Mayor - Council. Our citizens will be empowered to give advice and consent to " government actions. through District Neighborhood Councils, City Ombudsman, and scheduled office hours with Elected Mayor. The Elected Mayor will provide the political leadership or the art of compromise to mold different opinions into a single administrative policy acceptable to the City Council and the public. Your help is needed to carry out the objectives of the'Resolution. Please allow members the opportunity to consider this Resolution. A speaker is available to explain the proposed changes in City Government. Please call 452 -1712 for information. Yours truly, JAMES • AUG 9 1991 • A RESOLUTION 4 1111 lu4 It- I 4. 1 i t► kit ►. 1. k -ku WHEREAS: THE PEOPLE HAVE THE POWER. The Washington State Constitution, Article 1, Section 1 provides that, "All political power is inherent in the people, and Govern- ments derive their just powers from the consent of the governed and are established to protect and maintain individuals rights" and; . WHEREAS: THE PEOPLE WANT OPEN GOVERNMENT. Washington State Law - RCW 42.20.040 provides that people shall be kept informed. "The people of this state do not yield their sovereignty to the agencies which serve them. The people, in delegating authority, do not give their public servants the right to decide what is good for the people to know and what is not good for them to know. The people insist on remaining informed so they may retain control over the instruments they have creat- ed," and; WHEREAS: THE PEOPLE WANT RESULTS. City Manager government does not respond to problems crying for solution, diverse interest- groups, cultural differences and a wide range of income levels with many people below the poverty level, and; WHEREAS: THE PEOPLE WANT GOVERNMENT COSTS REDUCED. There is a need for economy in government, by eliminating costly and unnecessary expenditures, cancel- ling subsidies to special interest groups and getting voter approval for tax increases, and; THEREFORE: BE IT RESOLVED, That Yakima shall have a government of the people, by the people, and for the people by adopting the Yakima City charter for an Elected Mayor - City Council form of government in order to make Yakima's government accountable and responsive to the people. Adopted at by Attested by: r . . Address • +3 Phone Number REASONS WHY D WE NEED A N MA ELECT YOUR TAXES PAID $1,144,000 TO BUY AND OPERATE FOUR TROLLEY BUSSES UP AND DOWN YAKIMA AVENUE. MAINTENANCE E CC)STS ARE HORRENDOUS/AIR CONDITIONING‘WILL BE ADDED . An elected Mayor would veto /stop this waste of public money. Spend money on increasing Dial -A -Ride, evening and Sunday service and service to Union Gap, Selah, West Valley and Terrace Heights. WATER /SEWER RATE INCREASE -PLANNED FOR 1991 An elected Mayor would veto rate increase —It is not needed. Mayor would stop the $300,000 a year water and sewer subsidies to business and industry. • CITY PLANS TO SHUTDOWN IRRIGATION SYSTEM An elected Mayor would veto legal opinion and action to transfer irrigation water rights to domestic system. Irrigating with drinking water is costly. It is cheaper to repair irrigation lines. CITY SOLD PART OF ARBORETUM PROPERTY An elected Mayor would veto any sale of Arboretum property to commercial interests. The Arboretum is a public treasure and should be given to the Arboretum Foundation. `SAX DOLLARS WASTED ON SEPARATE LAW AND JUSTICE BUILDING Elected Mayor would cooperate with Yakima County to build ..a joint facility on north side of "B" Street, sharing record keeping, evidence storage and dispatching equipment. • CITIZENS FOR A CCOUI�TABLE /RESPONSIVE GOVERNMENT P. 0. BOX 26, Yakima, WA 98907. Phone 452 -1712 . . REASONS WHY:WE NEED A • MAy OR-couNCIL GovERNmENT CITY REDUCES FIRE PROTECTION City Council closed one fire station. The number of fire fighters reduced way below 1985 level. City used mutual aid agreements 78 times to call in unpaid volunteer fire departments to fight Yakima's . fires in first six months of 1991. CITY IGNORES PEOPLE City Council ignored 3000 citizens who signed referendum against unfair water rate increase. City Council banned Pit Bull Dogs after 1400 citizens signed an initiative. City Council repaired Miller swimming pool after 800 east side citizens petitioned the city to open their pool. CITY COUNCIL IGNORES PEOPLE PROBLEMS An elected Mayor - Council will respond to special concerns of people and citizen groups. An independent ombudsman will provide confidential and impartial review of complaints about city and the administration. LIVING WAGE JOBS ARE NEEDED The elected Mayor - Council will establish a Department of Economic Development and International Trade. City resources will be used to improve job opportunities and training for. Yakima citizens. CITY COUNCIL FIGHTS COMMERCIAL DEVELOPMENT City Council killed K -Mart development by delaying actions. It took five years for Safeway to build a store at 56th Avenue and Summitview. CITIZENS FOR ACCOUNTABLEIRESPONSIVE GOVERNMENT P.O. Box 26, Yakima, WA 98907 452 -1 712 Petitions to elect a Mayor can be obtained at 924 S. 6th Avenue PETITION TO VOTE FOR CITIZEN ACTION ELECTED MAYOR DEMOCRACY'S KEY DECLARATION OF PURPOSE qualified voters of the City of Yakima, wishing to establish a government more responsive to the people, more efficient in • i ipohe operation and more open to that essential ingredient, the concerned participation of citizens, do hereby submit to the voters of Yakima, an amendment to the City Charter to replace the City Manager with an elected, responsible Mayor /Chief Executive to represent the will of the people, with all the authority of the Manager, plus the power to veto unfair and unpopular ordinances. BALLOT TITLE ELECTED MAYOR - COUNCIL CHARTER AMENDMENT Shall articles 2 and 3 of the City Charter of the City of Yakima be amended to provide for the government of said City under the elected Mayor - Council plan, and to provide for the election of a Mayor and one At -Large Council Member, thereby reducing the number of At -Large Council Members from three to one. OFFICIAL NOTICE • PETITION TO THE YAKIMA CITY COUNCIL Under the authority of Article XIII, Yakima City Charter and enacted laws 1965 CHN 7 35.22.120: We, the undersigned qualified voters of the City of Yakima, representing in excess of a number equal to fifteen (15) percent of the total number of votes cast in the City of Yakima at the last preceding general state election, to wit: November 6, 1990, hereby request: The measure known as "Amendment to the City Charter of the City of Yakima ", amending Articles 2 and 3 to elect a Mayor and one Council Member -at- Large, and providing for the government of said City under the elected Mayor - Council plan and repealing Articles 2 and 3 as same now exist "be submitted to the qualified voters of the City of Yakima for their approval or rejection at the regularly scheduled Municipal Election on November 5, 1991. AFFIDAVIT OF ELECTOR • ve personally signed this petition; I am a legal voter of the State of Washington, in the City of Yakima, and my legal residence ess where I am registered for voting is correctly stated, and I have knowingly signed only once. • Your signature is needed NOW to let we, the people, decide! • SIGN NAME ' PRINT NAME " ADDRESS _ CITY PHONE Where registered to Vote Fill In 1, 4, 3, or 8 1. Yakima 9890 1. Yakima 9890 3. Yakima 9890 4. Yakima 9890 ' 5. Yakima 9890 6 Yakima 9890 7. Yakima 9890 8. - Yakima 9890 9. Yakima 9890 10. Yakima 9890 ., Yakima 9890 12, . • Yakima 9890 13. Yakima 9890 14. Yakima 9890 15. Yakima 9890 16. Yakima 9890 17. • Yakima 9890 18. Yakima 9890 19. Yakima 9890 20. Yakima 9890 ChARG -- Citizens for Accountable Responsive Government P.O. Box 26, Yakima, Washington 98907 -- Phone 452 -1712 City of Yakima Charter Amendment : Repealing Articles 2 and 3 as now exist and . • We need an Elected Mayor Amending Artkles 2 and 3 as follows: . ARTICLE II CONDUCT OF MAYOR - COUNCIL FORM OF GOVERNMENT th SECTION I . A. The elective officers of the City of Yakima shall consist of a Mayor end five Council SECTION 6. The Council shod' choose ouch employees of its own body es it may Members, who shall be residents of the City of Yakima. One Council Member shall be elected from each of Employees of the Council shall not be chosen for a definite term but shall continue to fat ry e the four separate districts of the City of Yakima end one Council Member shill be'eleoted from the City at. plearsre of the Council. The Council may, by ordinance, establish advisory boards with ouns and Large without regard to residence in any particular eras of the city, by the qualified voters of the City, all et number of members es it may determine. The members of such boerde dull be appointed and removed by the times end in the manner hereinafter provided. The Couneil Members so elected abdl constitute the legis- the Elected Mayor. Unless otherwise provided in thi. charter, or by state law. all boerde commissions, com- Istive body of the City. ttdttees or other such bodies (hereinafter referred to as 'boards') shall be advisory only, and shell be for the B. (I) On the publication of the results of each decennial federal census, the City shall be redivided by purpose of mating the Elected Mayor or Council in the performance of their duties. ordinance of the City Council into four districts re needy equal in population as practicable, which SECTION 7. Administrative departments shell be created by the City Council m the public business may redivieion shell be secomplidted so m to be effective not lees then ninety days prior to the municipal ' demand. The adnuninntive depenmena now in existence shall be prescribed, distributed, wi . primary, following the publication of the census results. • tabliehed, or dieeontireted by ordinance. mod' es B. (2) On the division or redivision of the City into districts es provided by this subsection, any ter SECTION 8. The powers and duties of the Elected Mayor shall be: ritory, thereafter annexed to the City and contiguous to only one then existing district, shall be added bud )) To have general supervision over the administrative affair. of the muruci alit constitute • pan n of that ditttict; and if annexed territory contiguous to more than one then existing din p Y; trict, the annexed territory shall be divided into segments, as nearly equal in population as practicable. me- 2) To veto ordinances and reeolutione passed by the Council end submitted to the Elected Mayor as cording to the number of then existing districa contiguous to the annexed territory and each segment shall ' provided in this charter, but such veto may be overridden by the vote of a majority of all Council Members, be added to end constitute • pan of its then existing contiguous district. plus one more vote; B. (3) Whenever the population of any district exceeds the population of any other district by more 3) To appoint and remove at any time. all department heads, offtcere and employees of the City, than ten percent, the City Council shall by ordinance redivide the City into four districts as nearly equal in except members of the Council, and /or employees of the Council. The appointment and removal of three population as practicable; provided that any such rdivieion shall be accomplished an m to be effective not department heads, officers and employees who are subject to civil service or merit eyatems of the City of less than ninety days prior to any municipal primary election for Council Members to 'Diatrice Positions' es Yduma than be puniest to the civil service law., rules and regulations of such city in existence at the el- defined in subsection C (2) of this section. fective data hereof; provided that the Council may cause an audit to be made of any department or office of C. (I) Four Council Members are elected to 'District Positions" in the manner provided in Subseiton - the City goveenment and may select the persons to make it. without the advice or consent of the Elected C. (2) of this section. • Mayor: C. (2) Candidates for 'District Positions' dull file their candidacy for nomination by the electors of To To attend. when present or otherwise a delegate, all meetings of the Council at which at- tendence the district wherein each candidate, respectively, reeidea. At the primary election, each qualified voter of may be required by that body; each district may cast only one vote for a candidate. The names of the two candidates from each district for 5) To see that all laws lend ordinances are faithfully executed; ' whom the largest number of votes are amt at the primary election shall appear on the general election ballot ''6) To recommend for adoption by the Council such measures as may be nenaary or exiled- ha; and the one candidate from each district who receives the highest number of votes, TO cast by the electorate 7) To prepare end submit to the Council such from that district at the general election. shall thereby be declared re duly elected to each 1 ep° its m may be required by that body or re may 'District Position as • member of the City Council. be advisable to submit; ' C. (3) In the event any Council Member elected or appointed to any 'District Position' moves that 8) To keep the Council fully advised of the financial condition of the City and its future reeds; member's place of residence outside the district from which that member was elected or appointed. than that 9) To prepare and submit to the Council a tentative budget for the fiecel year; Council Member shall thereby forfeit the office of Council Member and the position held by that member 10) To perform such other dunes as the Council may determine by ordinance or resolution; shall be deemed vacant. I I) To serve as the official and ceremonial head of the City end to represent the City onceremon- C. (4) When a vacancy occurs in a 'District Poeition, the appointee to that position 'hall be • resident id occasions: • of that district. The Council Member who is elected to serve for the remainder of the term shell be • red- 12) To review all official bonds and bonds of contractors with the City or to designate a person to dent of that dietriet and shall be nom d ma nominated a elected in the manner provided by subsection C. (2) of this execute each sppcoval or disapprmv o section. D. (I) One Council Member shall be elected from the City at large without regard to residence in any 13) To make certain that all contracts and agreements made with the City or for its use and benefit are particular area of the City. The term of office for one (1) 'At Large' Council position elected at the Special faithfully kept and pa-fitmd, and to thin end may cause legal proceedings to be Instituted and prosecuted in City General Election March 1992 shall end December 31, 1993. the name of the City subject to approval by majority vote of the Council; D. (2) In the event a Council Member elected or appointed to an At Large Position' MOTTO that ma• 14) To appoint and remove advisory board members. ber'e place of residence outside the City bourdery, then that Council Member shall thereby forfeit the office SECTION 9. There shall be • Deputy Mayor who shall be appointed by and may be removed by the of Council Member and the position held by that member dal be deemed to be vacant. Elected Mayor. The Deputy Mayor shall be the principal muagend side to the Mayor and shall perform • D. (3) If a vacancy occur. in the position held by the Council Member originally nominated or ail- such duties as may be resigned by the Elected Mayor. The Deputy Maya shall be the chief dminstretive pointed to an At Large position, the appointee then dull be a resider* of the City et large without regard • officer of the City with general supervision over the administrative affairs of the municipality. to residence in any particular area of the City. The Council Member who is elected to serve for the • SECTION 10. Under provisions of RCW 35.14. community councils consisting of fi aid remainder of the term shall be a resident of the City and shall be nominated and elected in the manna elected member" shall be established in each council district to adviee, consult and coop° city provided by subsection E. (I). - on matters effecting the district. , E. (I) In the event a vacancy occur for any reason on the Council, the vacancy shall be filled by the - SECTION 11. There shall be an Ombudsmen employed under • non- renewable five (5) y riled, • appointment of some qualified person by a majority vote of the remaining members of the Council, but such • • which prohibits future employment by the City, to aerie citizens and employees in their relations with the apolreee shag hold office only wail the next General or City Municipal Election, a which time a'qualifid City government and admtnietration. The Ombudsman shall be entitled to the same employee benefits ex- pense abaft be elected to serve for the remainder of the unexpired term for that petition. tended to the administrative staff. The salary contract shall be set et step 'C' of pay code 755 and class E. (2) If at any time the membership of the Council is reduced below the number required for • code 1231, with annual oast of living increases. The Elected Mayor shall appont the Onisbudenen. quorum became of vacancies therein. die remaining members, nevertheless, by majority vote, may appoint SECTION 12. There shell be • Daparmnent of Economic Development and International Trade for pun . additional member. to fill the vacancies until persons are dented to serve the remainder of the unexpired pose of expanding local industry and foaming a business climate thrt will promote the development and ex- term. If, after thirty (30) drys have passed since the occurrence of a vacancy, the Council Is unable to agree pennon of local businesses and encourage participation in foreign trade opportunities. upon a peen to be appointed to fill • vacancy in the Council the mayor Ball make the appointment from SECTION 13. The Elected Mayor may authorize the heed of the department or office responsible to him __snaps the persons laminatd by members of the Council. %e.rc,+ • r ,u .. . „ii,i s::^ -t � her to n* and remove subordinates in such department o r office. Any officer or employee who easy P. (I) Provision for the time and mauler of election of Council Member. and the of -..-i's - _ . - or bb appointed by die Elected Mayor-6r by the heed of a department or oflla,.aloept. one .whoholds.a poet- biennial election, shall be governed by general laws, by this charter, and by applicable ordinances of the lion subject - to civil service, ray be removed by the Elected Mayor or other ouch gtpointing officer at any City as they may be enacted from time to time. . time.The decision of the Elected Mayor or other appointing officer shell be final and there shall be no ep- F. (2) The four 'District' Council Member or shell be elected to four year ten a the City General Pad therefrom. Th Election held on the first Tuesday following the first Monday in November in the odd numbered yearn SECTION 14. Appointnenta made by or under the authority of the Elected Mayor shall be on the bean of beginning in 1995. - executive and edmidetraive ability and of the training and experience of the appointees in the work which • F. terra (3) The Mayor and the one 'At Large' Council Member shall be elected for two year te at the they are to perform. Reeialemee within the City shall not be • requirement. City General Election held on the first Tuesday following the First Monday in the odd numbered years SECTION 15. Neither the Council. nor any of its committees or members shall direct or requat the ep- beginning in 1993. The terms of office for the Mayor and the At Large' Council positions shall be two poperson ment of any person to. or removal from office by the Elected Mayor any of the Elected Mayor's eubor- • yearn beginning with the 1993 election. -- . dinates. Except for the purpose of inquiry, the Council and its members shall deal with the adminiatrstive P. (41 The tams of the three (3) 'a Large' Council Members shill expire with the March 1992 Special service solely through the Elected Mayor and neither the Council nor any committee masher or member • City General Election of one (I) 'At Large” Council Member to replace three (3) 'At Large' Counci0 thereof shill give order to any sabodiate of the Elected Maya, either publicly or privetely; provided. Members elated November 7, 1989. however, that nothing thing heroin shell be construed to prohibit the Council, while in open session. from fully and freely discussing{ with the Elected Mayor anything pertaining to appoinme to and removals of city of- 0. (I) The charter amendments approved November 5, 1991 shall take effect immediately after the offi- ficere and enployeee and city affairs. Mal caves of the ballot pursuant to law. SECTION 16. The City shall adopt a code of 'Hiring Practices' which prohibits nepotism or hiring rela= O. (2) A special City Primary election shall be held the first Tueedey after the first Monday in February twee or public officals a administrators or by- passing Civil Service regulation, Article XVI. City 1992, to sled two (2) nominee for mayor and two (2) nominees f r one (I) at large' council position. Chester. - . O. (3) The Special City General election shall be held in March, 1992, at which time • mayor and one SECTION 17. The Fleeted Mayor, Council Members, other officer; assistants and employees shall (I) 'et large' council member shell be elected. The candidates receiving the highest number of votes cast for • receive such sashay or compensation as the Council shall fix by ordinance and same shall be payable ra such each position, after the official canvass. shall immediaely assume the office. The term of office shall end times ea the Council shall determine. The Mayor's salary shall at no time be less than that of the highest December 31, 1993. . • paid city official or employee. SECTION 2. The Council shall constitute the Legialcive Department and authority of the City SECTION 18. Nothing in this Article shall effect the pension or civil service or merit aynem of the City Government and shell have power to adopt rules of order and regulations for the conduct of Its business. of Yakima in existence at the effective date hereof. The Council shall have all the legislative power and authority allowed cities In the State of Washington, SECTION 19. If any section, sentence. clause or phrase of this Article should be held to be invalid, or whether or not they are specifically enumerated in the charter. The Council is completely responsible for unoonetitutiond, the validity or coretitutionality thereof ehdl not affect the validity or constitutionality of enactment of all ordinances ' and resolutions governing City affairs. All legialetion and appropriations of any ot section, sentence, clause, or phrase of this Article. money shall be by ordinate, passed by the Council. Every ordinance or resolution passed by the Council most be presorted to the Elected Mayor for consideration. The Elected Mayor has ten (10) days to either cop- ARTICLE III - prove or veto the ordinance or reselution. If the Elected Mayor takes no action, the ordinance or reselution become. valid without the Elected Mayor's approval. If the Elected Mayor vetoes the ordinance or resolu- REQUIREMENTS AND PROCEDURE FOR HOLDING ELECTIONS lion, it is returned to the Council with the Elected Mayor's written objections, which are then entered into SECTION I. All municipal eleotiois shall be governed by the procedure for elections prescribed in the the journal of record. The Council may override the Elected Maya's veto and validate the ordinance or Laws of the State of Washington. resolution by a vote of a majority of all Council members plus one more vote. The Elected Mayor may only 'veto specific items in budget measure. and not the whole budget. The Council Bete policy by esablishing SECTION 2. At the regularly scheduled Municipal Election on November 5, 1991 for of guides and setting mandards for all administrative deciaiore and procedures. And finally, the Council hes the adopting or rejecting this charter amendment, Articles II end III, in the event that • mat 'rota responsibility for overseeing the proper conduct of governmental affairs. cat thirteen shall be 'Pot the Charter Amendments Articles 0 and HI', said amendments r ptd SECTION 3. The Council shall choose its own chair person at its fist meeting after the biennial dr e and shall take effect immediately. tions. The chairperson ah ell preside at all Council meetings and have the authority to enforce the rules of the - SECTION 3. The effective data for the Charter Amendments, Artriclee II and HI shall be intely City Council biennially at the first meeting of • new Council, or periodically, the members thereof, by after the official carve® of the bdloa pursuant to law, to provide for the elections of • Mayor, one 'At majority vote, may designate one of their number es Mayor Pro Tenaore for ouch period a the Council Large' Council Member at the Special City General Mection held in March 1992 te provided for under may specify; or, in lieu thereof, the Council may appoint any qualified person to serve as Mayor Pro Article II of the Charter Amendments. Tampons. The Mayor Pro Tampere shall hold office at the pleasure of the Council, and In the cree of the SECTION 4. The City Clerk shall certify to sponsors of initiatives for legideion and charter changes. absence of temporary disability of the Elected Mayor, perform the duties of Mayor. The Mayor Pro that the text of initiativee published under RCW 35.22.170 are true copies of the initiative. eubnsitted to the Teenpore shall not have power to appoint or remove any edmin iterative officer, or to veto any seta of the City. - - City Council. - SECTION 5. If any section, sentence, clause or phrase of this article should be held to be invalid or un- SECTION 4. The members of the Council shall be qualified elector of the City and any member tear oorotitutiond, the validity or oorstietiondity thereof shall not affect the validity or constitutionality of any ing to pastas any of the qualification specified in gamed law or in this charter or convicted of a crime in- other section, sentence, clause, or phrase of thin article. calving moral laminate while in office shall immediately forfeit the Council office. 'SEC'TiON' The Council shall meet st the times anti pieces fixed by ordinance, but mutt hold at leant . • CITIZENS for ACCOUNTABLEIRESPONSIVE GOVERNMENT two regular meetings each month. At least one of such regular meetings shall be held each month after 6:30 pm. Special meetings may be called by the Elected Mayor, Council chairperson, or by asimple majority of P.O. Box 26, Yakima 98907 (509) 452 -1712 . the member. of the Council pursuant to the provisions of state law. Requests for special meetings shall state • the subjects to be considered and no other subject shall be considered at a epeeist meeting except by consent - ' • of all members of the Council. All meetings of the Council and of committees thereof shall be open to the public, and the mles of the Council shall provide that citizens of the City shall have a reasonable opportunity - • to be heard at any meeting in regard to any matter being considered thereat or related to general community interest or in the citizen's interest. All bearings resat meet the teem of fundamental faimees, which is whether fair-minded person in attendance at all meetings on a given issue, could at conclusion thereof in good con - miereo say that everyone had been head who, in all fairness should have been heard and that legislative body required by law to hold hearing. gave reasonable faith and credit to all cotters preemaed, seconding to • weight and force they were in anon entitled to receive. Any citizen of the City who asks • question or re- quests informaion in writing from the City Council or the Elected Mayor, shall receive a written response within ten (10) days. - • • • • MEMORANDUM December 10, 1987 • ( �„ TO: Mayor Beauchamp, Members of the City Council and Dick Zais, City Manager FROM: John Vanek, City Attorney SUBJ: Proposed City Charter Amendment I write. to. outline Council's legal duties with . respect to the petition f il ed by Larry Mathews. The petion e rqeary 2, 1988 el ec tion to amend Yakima City Chart Art sts II a and Febru III. The amendments would change the city's form of government from a council /manager form to a "strong mayor" /council form of govern- ment. Under RCW 35.22.120 the Council is required to submit the Charter amendment to election of city residents in the event three re- quirements are met. The matter must be a specific charter amend- ment. It is. The proposed amendements must deal with matters within the realm of local affairs or municipal business. The proposal deals with the election, powers and duties of the City Council and Mayor which are matters of local affairs. z - `, RCW 35.22.120 goes on the require that ballot submittal requires signatures "equal to fifteen percent of the number of votes cast in the last preceeding general election ". According to Auditor Bettie Ingham unofficial returns from the last such election were 9,981 making 1,498 signatures the required number of signatures. This number may vary slightly when the final figures on the November, 1987 election become available in the near future. The City Clerk is in the process of counting petition signers and determining if they are qualified voters who reside within the • city. The petition requests that the proposed Charter amendments be placed before the voters at a February 2, 1988, special election. However, neither RCW 35.22.120 nor City Charter Article XIII require that, the proposed Charter amendment be scheduled for any particular special election. RCW 35.22.120 requires that the proposed amendment be placed before the voters at the next regular municipal election which would be November of 1989. The City Charter requires the calling of .a special election but gives no specific time. Moreover, the dates of special elections are governed by state law under. RCW 29.13.020. The Council may set C the date of 'a special election by passage of a resolution which is presented to the county Auditor at least 45 days prior to any of the following dates: (A) The first Tuesday after the first Monday in February; (B) The second Tuesday in March, except that if a state- wide political party caucus by a major political party is CHARTER.M /B15 1 • scheduled on the second Tuesday then a special election may not be held on such date but may be held on the third Tuesday in March; (C) The first Tuesday after the first Monday in April; (D) The third Tuesday in May; (E) The day of the primary election as specified by RCW 29.13.070; (F) The first Tuesday after the first Monday in November. Assuming the Clerk verifies 1498 or more signatures the City Council may specify the date for a special election from these choices. Such action is taken by resolution and the resolution must be in the hands of the County Auditor at least 45 days before the date of the selected special election. The Legal Department will prepare the appropriate resolutions, certificates and notices for filing with the County Auditor once the Council has decided the date of the special election. Under RCW 29.27.060 the City Attorney drafts the ballot proposition. This statute requires the ballot proposition to be drafted in the form of a question of 75 words or less which contains the essen- tial features of the proposed amendment. Analysis of Proposed Charter Amendment The proposed Charter amendment contains both procedural and substantive defects proposed Article II, Section lA states that the elected officers of the City of Yakima shall consist of a f ,) mayor and nine council members. In addition, this section goes on to say that the council members shall be elected from four districts and five city council members shall be elected at large. However, Article II, Section 1B(1) requires the council to divide the city into five districts as nearly equal in population as practicable. After each ten year census the districts should be redivided into five districts on an equal basis. Article II, Section 1B(2) requires the city council to redistrict the city into four districts as nearly equal in population as practicable whenever the population of any district exceeds the population of • any other district by more than 10 percent. Finally, Article II, Section 1D(1) states that four City Council members shall be elected in a manner provided by Article II, Section 1C. The scheme I have outlined creates a conflict as to whether there shall be four or five district positions and under what circum- stances they shall be created. Article II, Section 1C(1) appears to create 'a transition from five at large positions to four at large positions and five district positions after the 1990 census- based redistricting. But the transition from four to five district positions runs contrary to the language in Article II, Section IA which says members shall be elected from each of four 1 districts and Article II, Section 1D(1) which states that four council members shall be elected to district positions in a manner provided in Subsection C of Section 1. Subsection C(2) of Section 1 not only sets out the manner of election, it purports to change the number of district seats. This change is directly contrary to CHARTER.M/B15 2 Sections IA and 1D(1) of Article II. From analysis of the pre- vious petition circulated by;Mr. Mathews in September it appears that he is attempting to change the makeup of the Council from five at large positions to five district elected positions without conforming the entire scheme to the change. Note that the Septem- ber petition also called for a mayor and nine elected council meembers. (See September 14, 1987 Mathews petition Article II, Section 1A, B(1), B(2), and D(1).) Even if it is assumed that the proposed Charter amendment intends five district positions to be ultimately in place after the 1990 redistricting, this could change to four positions upon mandatory redistricting under Article II, Section 1B(2). Recall that this occurs when the population of any district exceeds the population of another district by more than 10 percent. Thus, the proposed amendment requires nine elected council positions but contains a mechanism for leaving the city with only eight. It is critical to note that under the one man /one vote decision, Baker v. Carr, such redistricting is constitutionally necessary. Needless to say, the mandatory redistricting from nine council members to a potential eight council members creates another legal ambiguity as to what happens to the council member which is filling the position which is eliminated. I have discussed these defects with Larry Mathews. His position is that the intent of the petition is clear and that if ambiguity /. ;.. exists it can be taken care of by the severability clauses con - tained in it. These clauses allow a court to declare a portion of the 'proposed Charter amendment invalid leaving the remainder in effect. Another procedural question arises in the event the City Council does not call for a special election on Febuary 2, 1988. The proposed Charter amendment assumes a February 2, 1988 effective date. The Charter amendment then goes on to schedule elections for April and. May of 1988. A March or April special election in 4111 1988 would disrupt the Charter amendment timetables and open additional questions of when additional Council seats are to be filled, for how long, and when a Mayor is to be elected. In face of these defects must the Council put the proposed article on the ballot if the petition is validated with 1498 signatures? State law indicates yes. "It is the general policy of this court (Washington Supreme Court) to refrain from inquiry into the validity of a proposed law, including an initiative or referendum before it is enacted." See State Ex Rel O'Connell v. Kramer 73 Wn2d 85 (1968), State Ex rel Griffith v. Superior Court 82 Wn. 44 (1916). Seattle Building Council v. Seattle 94 Wn2d 740 (1980) at 745. - CHARTER.M /B15 3 1111 "Utimate questions as to the validity, of a proposed initiative measure are not before us and should not come before us unless and until the people have enacted the measure into law for the Supreme Court does not render advisory opinions." State Ex rel O'Connell v. Kramer 73 Wn2d 85 (1968) at 87. It appears that courts are reluctant to decide substantive ques- tions of ballot proposals for fear that they will be interfering with the political process by rendering a decision that will tip the balance one way or the other. Finally, this opinion makes no attempt to analyze or comment on the political /administrative strengths or weaknesses of the proposed change in the Charter. ,. _ / JSHN VANEK ity Attorney /klt • CHARTER.M /B15 4 o PETITION TO VOTE FOR EL EIE M il DECD A D OF PURPOSE -WE, THE REGISTERED VOTERS OF THE CITY OF YAKIMA, WISHING TO ESTABLISH A GOVERNMENT MORE RESPONSIVE TO THE PEOPLE, MORE 1 'ICIENT IN ITS OPERATION AND MORE OPEN TO THAT ESSENTIAL INGREDIENT, THE CONCERNED PARTICIPATION OF CITIZENS, DO HEREBY JBMIT TO THE VOTERS OF YAKIMA. AN AMENDMENT TO THE CITY CHARTER TO REPLACE THE CITY MANAGER WITH AN ELECTED, REPONSIBLE MAYOR TO REPRESENT THE WILL OF THE PEOPLE, WITH ALL THE AUTHORITY OF THE MANAGER, PLUS THE POWER TO VETO UNFAIR AND UNPOPULAR ORDINANCES. BALLOT TITLE ELECTED MAYOR - COUNCIL CHARTER AMENDMENT SHALL ARTICLES 2 AND 3 THE CITY CHARTER OF THE CITY OF YAKIMA BE AMENDED TO PROVIDE FOR THE GOVERNMENT OF SAID CITY UNDER THE ELECTED MAYOR - COUNCIL PLAN, AND. TO PROVIDE FOR THE ELECTION OF A MAYOR AND TWO AT-LARGE COUNCIL MEMBERS. VOTE YES OFFICIAL NOTICE PETITION TO THE YAKIMA CITY COUNCIL UNDER THE AUTHORITY OF ARTICLE XIII, YAKIMA CITY CHARTER: WE, THE UNDERSIGNED QUALIFIED ELECTORS OF THE CITY OF YAKIMA, REPRESENTING IN EXCESS OF A NUMBER EQUAL TO FIFTEEN PERCENT OF THE TOTALNUMBER OF VOTES CAST IN THE CITY OF YAKIMA AT THE LAST PRECEDING GENERAL STATE ELECTION, TO WIT NOVEMBER 3, 1987, HEREBY REQUEST THE MEASURE KNOWN AS "AMENDMENT TO THE CITY CHARTER OF THE CITY OF YAKIMA, AMENDING ARTICLES 2 AND 3 TO ELECT A MAYOR AND TWO COUNCIL MEMBERS -AT- LARGE, AND PROVIDING FOR THE GOVERNMENT OF SAID CITY UNDER THE ELECTED MAYOR- COUNCIL PLAN AND REPEALING ARTICLES 2 AND 3 AS SAME NOW EXIST" BE SUBMITTED TO THE QUALIFIED VOTERS OF THE / r_`. CITY OF YAKIMA FOR THEIR APPROVAL OR REJECTION AT THE SPECIAL CITY ELECTION TO BE HELD FEBRUARY 2. 1988. ( OF E I E RSONALLY SIGNED THIS PETITION; I AM A LEGAL VOTER OF THE STATE OF WASHINGTON, IN THE CITY OF YAKIMA, AND MY LEGAL RESIDENCE ADDRESS WHERE I AM REGISTERED FOR VOTING IS CORRECTLY STATEDI AND I HAVE KNOWINGLY SIGNED ONLY ONCE. • SIGN NAME PRINT NAME ADDRESS, CITY, ZIP PHONE ����, , T 3. ... % . .. . _ _ � I _-- - / God : A/ - », 7 — ' Lu.l,,f�: / Er f '2- U3 7 Sj' I I* lite Alr4 .0.-/"A .11. 6• J. i � .< ' �a i : • q 5< ) --S3--J-,S- a ' . . — __. , e i _ .. • 10. j 13. eve' o - : 14 . . 1'. /111111111111111 -- . 16. 17 . 18 . 19 . 20. 21. . 22. FOR FURTHER INFORMATION AND /OR PETITIONS PLEASE CONTACT: ChARG - Citizens for Accountable Responsive Government (509) 452 -1712 MAILING ADDRESS: P.O. Box 26, Yakima, Washington 98907 • Or • • • • • • • City of Yakima Charter Amendment • • • • • ARTICLE II 1 OFFICERS - IAAydd • COUNCIL FORM OFOOVERMIENT t • SECTION LA The WctAS officers el the Cky el Taatma shell cone'. d a Mayer ant Nine Connell men hell eere. who s be realdsm y f 'of the dry. One Counts Member Meg be o.d.d from .ath of low seperalo dibble of Bu ley and IM council mambere shell be elected hem IM cry et large whfeut regard to residence M key particular area el the city, by Its queened electors of the city..! el the Mines- and In the manner hereksh.r prattled. the Counts Member° lee elected shell constitute the legletetive body of the chy. • . e.(l) The coy shall be divided by ordnance el the Cry Counce keo flue districts es needy .gaol In population all pra nce's . • ' On the publication el the maths el each decennial lode's' cam. the chy shoe be redivided by ordnance el the Chy Coma Into the restricts es nearly equal M population as practicable. which redeeen shall be accompilshed so as 10 be ellec1Ne ne1 lea than ninety Jaye prior to the nenlelpel printery .4. Ion to be held In 1901 laeeWng the pabhealbn of Ihe. eenao mans ler nomin•Ibn el candWdas•fer 'dead Positions - en the Council, a defined In wAssdlon C 12) el This section. • On the division or IedhNlon of I. My Into districts as provided by to subsection, any territory thereoftw annexed to the city 'end contiguous to only one then twisting dMrkt shall be added le and emMhul. a . pan of that district; aid'N sheeted Wrier? le toting.. a more than one then seining district, the annexed territory chef be divided Info asgmente. es nearly equal In populollen ea practicable, according le the mr* bar d then ealaling dslride eentigueus to Ihe annexed territory and sash segment sal be added to and connate • pen el its then ealaang• contspuerre dlshkt. ' e.p) Whenever the population oI arq delrkt emceed. the popul.11on of any other restrict by mom than len percale, the Cry Council shoe by ordnance redivide the city Into tour distikls at nearly equal In nebulaeon as erectkabh; provided that arq such redlvttion slue be accomplished so as le be efiedl . not less than ninety days prim to any munkysal primary election lot Council Members to 'Dish. Positions' a donned In etlb- setttan C (2) of this sedan. . C.(II Flee Counts Member sal be elected from the city at large without regard to residence In any particular area of Site city. until redistricting takes piece In 1991, el when tine lour poshlors on the council I be haled by tithe/Wales le be elected hem IM My a1 large and such designation* Mae be Ihereeter permanenlfy cenobite. as sarongs enlace for election burpoaee a -'a1 large positions' according le their pame- nnely designated manb.rs., C.(2) Candidate lm 'District Posta.. Mae ilN then candidacy ler nomination by the elector* of Ihe district wherein each candidate, respedhaly, midea. At the primary election. each qualeled vo1.r d each de- . hk1 may coo ongm ere vela In* a concedes. The names of the two candidates from each dletd for whom the largest number of voea are test el the primary election shag appear an the general election begot and the one e. dilate Iim each district who receNee the highest number. of vela, a sal by lb. sladmoe from that district at the general sladlan, sine thereby be doe .r.d a duly elided t *end, teebecthe - theldffi Pell- thief. as a member el the Coy Council. DV) Fe. Council Member. am elected m large withoul regard to reek/ems In •n•y perdue. Brea of the city and lour Council Members elected t 'DNlrkl Positions' In the manner provided by Subtacaon C el Ihe section. . •0x(2) le ea event .ny Council Member elected or eppdnted to an 'm largs posaon nee. the, mamba's pleat of moldane. meek% the ay boundary. min the event arty Council Member elected or appointed to a 'DMrkt Position' move that m.mbelS pleat of residence outside the district from which that member wee elected of eppolnled, Then that Council Member shat (hereby forfeit the office of Council Member and the posh eon held by that mem shah be deemed to be vaunt. In the mend a vacancy M the office al mayor or In Ihe Bounce occurs for any reason,. the vacancy shell be filled by the appointment of aante qualeled person by a ma jerky vote of the ronsb,lrg members of the council. but .Uri appointee shall fell office only urea the next regular munlelpef election, el *Nth lime a quaffed pecan shah be elected to gene for the r*m.bder at the unexpired later to thud poshon. II IM vxancy occum In a poaMon held by a Coe.' Member originally nominetod m Peer/had 1mm • district, than the sopoheee eh. be • resident of that district end the Courses Member - who N elected to serve for IM remainder of that term shah be a raNenl of the dAMWd and One be nominated and elected in Ihe manner provided by subsection C l21 o the section. 11 at any lima IM member.hlp Cl the eauneR le iodated below the number required ler • quoturii'beeeuee at veeencle• Ihereln, the ...mining 'member., neverlhees., by malerlly action, may sppolnl additions' member• Is 1111 the vaoencee Iml11 peraoes are sleeted Is ea. the rem•leder e1 the uneaphed term, N, ilex Ihbty (20) days hors permed since Ihe oeements of • y, the *eunelt Is unable Is ogres upon a person le be ppoinled Is 1111 • •acenty In the council. Ile meyer *hog m.k• Ihe eppoIn)ment hero among Ihe amens nsmtnsled by members el the cannel. • E. ProwNlon for the time and manner of stetson el Council Members, end the conduce of'ach biennial scalene, shell be governed by general laws. by this Currier, and by epplk•ble ordinances el the City se they may - "\ be *netted 1mm Ohne to thee, .. t • F. The charter amendment pproved February 2, 1988 by Ih. ganged elector. al the city. •halt 1.bo affect Immedieloly en. the official of la• belle) pursuant Is few. Nat Men tan. doye before the limo ler flung lsr decelfone of c.ndldecy ler Ins two .ddhfenel council positions, the ally clerk shop d..ignel. one as pe•Illon number lour end one •• p..flien bet Bee and such d•.Ignallen• shell be lamella permamenity Considered es eper .le ollice• Ior ...lion purport. as 'al huge' peolllon. •c tot ding to than e .. pre dIgnpled nu� __ .. • steeps •• p.oelded under sub- esctlon C111, The IIDng delete for the April 9,1980, 'yodel dfy p.lm..y election shell be Fsbruery IS a 19, t09e, The epeeist ally general section shall be held May I7, 1 1 19 5. .1 which these • mayor and two - et Ingo' council remnant .hell be elected. The candld•.• receiving the hlgheet number el vale• sal for each position • shall be declared Ihe wino.. and sail Imm.dlelaly •.nrme _ the *Mee alley the official cenv... of Ih• b.get• puree.,, Is law. Tats term el e1Bee ter council position number 4 let Verge) and. December 31, 1955. The Term of council beaglon number 9 (at large) code December 31, 1991, when II beesme. Mehl. position number 3. At the munklp.I section held in Ihe yew. 1989. ell 'al. ,moe' termell pe•lllon•, with the ••tepllon e1 pavilion number 3, ere ter tour year term•. The term of office ler the .. mayor end• December 31, 1961. Al the municipal election held In 1901, end. all subsequent eledlon• for mayor • and dl.hlel council peelllone,r the town of office w shall be tour yar•. • SECTION 2. The want/ shell corselets the legislative department end eullorhy of the chy government end shag have power b adopt miss of order and regulations for led conduct of as business. The Council shell hex. .11 the legislative •power• end oulhorlly ahem d ell.• In the s1e1• of W..hh.glen, whetherr they ore specillcally enumerated In the char).. or not. The council I. completely responsible for .naelm.nl of en ordinenae end resohtllon• governing city Weirs. All loghdsllon and appteprlellen• el reentry shall be by ordlnenc• passed by the Council. Every erdlnsnce or resolution passed by the council must be presented to the mayor fore n...ration. The mayor hoe len (10) days le sub.. approve or vela the ordoonce or reeelullon. If the meyer •••• no motion, the or• dhnonae or r ° eehrilen becomes v.Nd wllhoul• the meyer• teetotal. It lb. mayor vetoes Ihe mdhnanee or re.eeti.n, 11 I. returned It the council with the mayor a enllten ob)action., which a. then catered Into Ms )etwne' of record. The council may override the m•yor'. veto end velidela the ordin.nce or resolution by • vole of s m.jerlly of oil council members plus one more vote. • The m.yer may only vets specific hems In budge) measure. end not the whole budget. The council see policy by establishing guide. •nd selling •landerd• for all •dminlNrsllre d.tinion. and prscedur•e. And finally, the council hoe the reapon•Iblllly ler overseeing the proper conduct et government.' affair., . SECTION J The council shoe cheese its own chairman M Its first meeting sitar the biennial @hello.. The ch•rm•n shell preside a1 ell cooed reveling. and hell the authority 1e enters. the rule. at the city council benniely at IM first meel.g el a new council, or periodically, the member• thereof, by majority vole, may designee ono of their number so Mayor Pre Temper* lee such period .e' the council may •pecity; or, In teal thereof, IM tom.' may oppelei any qu•lll.d person to sera to Moyer Pre Temper.. The Mayor Pro Tampere shall hold office at the p.aurs of the 000,011, end In case et the ebeaaee sr lempecery Meant', o1 she Mayor, pmtorm the dunes of Meyer, the Mayor Pre Tempera atoll not have power to sepalet or remove any sdmthehaih• .1- Ik ..,. or to veto wry ado of IM Cily Council. SECTION a. Members of the council shall be crawled electors of IM city end any member cawing to powers any of the quaiSiottons epeclied In general her or In this chatter or unNd.d of Mme Imobig moral ' turpitude when In .51.. shall hnmsdalely lodge the council office. SECTION 8. The council shag meet al Ihe lanes and places axed by ordnance, but most hold et least two repute. meetings eecis month. All hat on. el such regular meeting. shah be held's.eh month slier . 11:30 p.m, Sped. m..lmg•• may be .•ged by the Meyer, Council thahmwn. of by • simple 'alertly of Ihe membess of the council purr .nl to the provisions •l *tete law, Request. for special - me.Ihps shell state the sublects to be considered and no other subject shalt be considered ell * aped.' meeting except by consent of all members el the council. Al meetings of the counclt and of committee. thereof shell be pen is Ihe pub*°, nd the rue., of Ihe council shell provide that titrero of the chy ehah have a rasonebie oyponuney to b• heard at any meeting -in milord to any molter behg coridor.d Manna or related le gen- . met eemetunhy Oede.e•1. All heningo must meet test et lmdemsn /el tan which 1. whether tah-mloded person In et)endenee at all m..ting• on • given loam, could at conclusion Ih ...of . In geed eon.clence soy that everyone had been hoard who, In sit lohne.• should have been hoard and Ihel legisiello body required by law Is hold hearlego gees r We 1e11h and credit le all ree11a• pr led, •cemdleg Is weigh) and force they were In reason entitled le ...the. Any slllsen of the oily who oaks a question or requests Inlornnallsn In waning hom the city esuntq •or the Meyer, .h•11 receive • written reopens. within Ion day. ' SECTION S, TM emirate shaht choose such empterew.o of Its own bitty no h may down necessary. Employees of the council eha9 not be chosen lore dennite term but shah conthoe to some during the pleasure el the council, The cannel' may, by mdin.ce, •elabileh advisory bonds with such lunetlon• end number Cl membme •• II may del ..mine. The members of such beard• shall be appointed end removed by the Mayo.. Unles• Mherwlo• provided In this 'Choler, or by • elate law, all boards, conml••ions, commutate or other ouch badge (hereinafter referred Is as 'Sonde') shall be •dvlary only, sad shalt be for the purpe•• of ..rioting the Mayor or council In the pmterm•ne• o their duties. SECTION 7. Admlnlelrethe department. shah be Greeted by the chy council es the public business may demand: Pending lusher anion by the council. the edndnlalrethe departments now inn existence ehen be pre4 scribed. dalrlbted. •1slgnwd..established or discontinued by ordinance,. • SEgpork.((. The power. end dohs of the Meyer shall be: II) To her general supervision over the administrative mamba of the munIcb•9ty; (21 To vato o.din.ncea A resolution* passed by the council end submitted to the mayor as provkled In this charier. but ach veto may be overridden by the vote of a melody of all coons members. phis one mono vote, -- (31 To impair. and remove et any Anne as deparini•m heed., officers end employees - of the dry. except members of the council, bat Ihe sppoln,nem end removal 01 those department heads, onlc.m and employee. who • are Subject to Cale SeMce or melt systems of IM Cey of Vehima shall be pursuant 10 the Che Service laws. rubs end regulations of such cry In existence ai the *MO. dale areal; provided, that lie tang may Cava an mode to be made of any department or situ. of the chy government end may select the persons to make A. without the add. or consent of 1. Meyer. (a) To attend, when present on olherwl•e • delegole, all meetings of the council at which ererMance may he required by that body. • • (S To see then ell laws end ordinance, ere faithfully °cocuted. (s) To recommend for slpllon by the council such measure. OS may be necessary or expedient; (7( To prepare end submit to the council such reports es rimy be readied by Mud body or ee may be edvinoble to submit;, • (e) To h•p the came luny advised of the iinancel condition of Ihe city and Is future needs; (9) To prepare end submit to the council • I.ntmate budge) In* Ihe Neal year; • 1 To arrant such other dale. es IM council may determine by ordinance or reseh,lon. (t 1) Te era C. the official and ceoemonlel heed of the city end to represent Ihe city on ceremonial etc•..rte. • • 112) Ts review ell official hond• and bend• of conlrecter0 with the oily or le de•ignete • person to ewetute ouch epprevel or di.opprev.I. . (13) P. me. certain Mel all contracts end egreement• mode with 1ho city or for 11• urm and banel11 are leilhlully hepl end pmlerned, and Is this end may ease Segel proceedhng• Is be leeINuted and pr scued In the name et the ally ...et to •ppreval by m.lerily vole of the ceunctl. (11) To appoint and remove Advlsary Board Membero.. SECTION 5 These shag be a deputy mayor who shell be oppoinled by end my he by the Moyer. This person eheg be the principal ma•gerlel aide to the Mayor and shell peelerm ouch ,,tiva.as:msn:Be.•u•vlgned 1.y Alm = 9euys:,- - _ - - - _ _ _ -- SECTION le. The Meyer may .ulhorine the heed of the department or oboe reeponohio to him to ep end remove ahordlnates In such department or office. Any ilk.. or employee who may be appointed by the - Meyor or by the head of • depet/ment er ogles, eased one who holds he position ab)ect to CN! Tervlce, may be removed by the Myer or other such ppointrrg outer at any time. Subject to IM provisions of section 0 • . arele, the decision of the Meyer or other oppokaing officer shell be final end there shell he no appeal therefrom, SECTION 11. Appointment. made by Clumsier the atherlty of the Meyer shell be on the bests of executive and edmlnisbotive sbalty and of the training end experience of the appointees In the work which they aro Is • perform. Residence within the dry shell not be a requirement. • ' SECTION 12. Neither IM council, nor any of Hs committees or members shall dived or request the eppointmem of any parson to, or removal from office by the Mayor any of the Meyer. subordlnata. Except nor the purpmo d'i taky, the council end its members Mal deal *Oh the edministrMM service solely through the Moyer and neither the county nor any cor mlha or member thereof shall gale orders to any suiordnate of the Mayor, either publdy or privately' /melded, however. Ihel nothing shag be construed to prohibit Ihe council. whit, M open saseion, horn fully and Neely discussing with the Mayor anything penalnlrg to @peva. men. end removals of chy oMurs end employees and city alleles. • ' SECTION 13. The Mayer, Council Members, other officers. a.sist.Me end employees, shell receive such salary or compensation es the Council she! lie by ordlnence and same shalt be payable M sect films es the ceunch shah determine. The Mayor's *slay shalt et no tlm.'be ea then Ih•I of the highest paid oily Mlle. or employ.. - SECTION 19. Nothing In this snide shall elect the pension or CNN Senlue or meth system of its Gay of Veklm. In existence at the effective date hereof. • SECTION 18. II any section, salience, tteuse er phrase el this Article should be held to be Invalid or bneenelltuttnd, the validity et esnstlltlon•lily thereof shell net .11ee1 the valid). ly et esnslllullenoly el any ether anklets, e.erlenee, Clause, or phut* el this satin*, ARTICLE III - • \ " ' ELECTIONS • SECTION I. All muntelpal settlon• shell be governed by the procedure for elections prescribed In IM Lew* el the Stele of Washington. • SECTION 3. At the epeeist city election le he held Februny 2, 1900 for the purpose of •depling or re)enling This Charter Amendment, Article 11 end III, In the event Mal • m•)erily el oN voles toss Ohmms.., shale be 'For the Charley Amendments, Arliela• II end ll' •aid . endmenl• shell be ...ed. • SECTION 3. The *Native dale for the Charter Amendments. Articles I end Ili ehol be Immediately •1ler Ihe ollichd canoes. of the ballot. puta.nt to teat- The Sing doles • T.. April S, 1980 special city prlm.ry el.slIen shrill h. Febreery to A t9, 1995. The special tlly lien ..al election eh•g be May 17, 1985, .SECTION a, il any *alien , entente, clause or phrsss of Ibis editkt should be held to be Invalid or unconstitutional, the validity or constitutionality thereat shall net effect the validity" er eenalstlen.igy ell. any ether ...on, sentence. clews, -et porn. of Ibis •rIke. SECTION 9. The ally eherer ..Ike• S. and Ili new twisting ewe hereby replaced. • • • 1 I II i i i£ � + I I 3 1 1 l i i I j j i I COVER STORY 1 1; III + I ! by James H. Svara and Kimberly L. Nelson ■ a i.n oc o e cunc� -- a na er . I orm a n 1908, a single city adopted what would eventually become the council- !! manager form of government. In 2008, more than 3,500 cities with populations, ;i! exceeding 2,500 persons and more than 370 counties use the form. Beyond the 5,41 d effect of introducing a new structural option for the organization of lo- :' cal government, this new form also elevated the option of appointing a cen- trally located generalist administrator in other forms of government. Almost half of mayor-council rnm nt and mo n half f the governments s more than commission and town meet- a o, , ing governments have a chief administrative officer (CAO) or city administrator, and such a position is often found in elected county executive governments as well. With the hundredth anniversary of the establishment of the city manager posi- tion in Staunton, Virginia, which ultimately led to the council- manager form of government, it is appropriate to take stock of what the form means, its current status in local government, and its continuing significance: Some suggest that the time of substantial growth is over (and reversals may be coming) and that changes in structure and politics make the council- manager and mayor- council forms indistinguishable. - . Furthermore, there are signs of unease among local government managers about i. the future of professionalism. The arguments presented here are that form contin- ues to make a difference and the use of the council - manager form is still growing. Despite challenges that the council - manager form and professionalism generally - ® I face in local government, the future is bright. , nom Ter .Public Management .August.20A8__ sox IC I 1 I ; 1 1 '" I 1 There has been much emphasis ing those with the council-manager vice versa). Advocacy of the council- , 0 recently on the supposed "blurring" i form use partisan elections, and cit- manager form is no longer a crusade to of distinctions between forms, "ad- ies in Europe that use parliamentary reform corrupt and incompetent gov- aptation" of forms, and development systems that approximate the council- ernments. Most cities and counties are of "hybrid" forms. The impression manager form usually have active highly professionalized at the depart- is created that the changes that are . political parties. mental level. Many cities with mayor- '} occurring in the structures of local ! The form can create a balanced council governments have CAOs. governments have erased the distinc- • relationship between politics and Proponents make the case that cis- tiveness of form. I professionalism regardless of how - tinct advantages can be attained with Most notably, H. George Freder- the political dimension is organized. the council- manager form because of ickson," Gary A. Johnson, and Curtis The image of instability and corrosive the essential features of this form corn- H. Wood argued in 2004 that a break- change in the council- manager form pared • with the mayor- council form. down of two contrasting models of lo- is not warranted. The idea that forms To understand the claims that can be cal government based on "traditional" I themselves are unimportant or in- made in support of the council -man - • and "reform" elements had by the distinguishable can be challenged on ager form, it is important to review the 1990s altered forms of government: conceptual and empirical grounds. essential features of the major forms "the fusion of these two models had The debate over form of govern - 1 as practiced in the United States and resulted in the dominant modern other countries. form of American local government .': the adapted city. "' These impres here- are -�Lgn Of FEATURES THAT sions affect how r them •'1 n — DIFFERENTIATE FORMS p 1 ueas among lo selves perceive what is happening to .� There are three major features that their world. gO�LeY1111le[lt_ x anagers differentiate the mayor - council and The environmental scan de- council- manager forms of govern - ati "out the ._ veloped for the ICMA Strategic ment, and all three can be traced Planning Committee, for example, back to the origins of the form. pr -` concluded that "numerous studies ofess Analogous to the distinction be suggest that the council - manager '' aY_'gu.11�_e'11ts presented ' tween presidential and parliamen- • 1 form of government has been = tary systems, the first feature is the �iere a re th adapted continually." Commenta- allocation of authority. tor Alan Ehrenhalt has argued that con u tines t0. l]l.a The council-manager form plac ma council and council- manager es all governmental authority in the forms are "merging," and he asserts a diffe_rence`'a1n.�he hands of the council, with certain that an increasing number of cities ° ' " functions assigned by law, charter, o f t_oii nell have jumbled the systems together u se he or convention to the manager ap- so thoroughly that its impossible to 1711nageY,_.fo. c �l'1r1 IS St1I l pointed by the council. Authority is put them in any category at all. " unified in the collective leadership j All these statements confuse g rowi ng . body of the council. To the early "form" and "plan" or "model." The — reformers citing the practice of Eng- original reform model consisted lish local government, eliminating of the council- manager form and the ment continues because American separation of powers and strengthen- electoral practices of choosing the local governments have a choice of ing the council was as important to the mayor within the council, selecting which form they will use. The United council- manager form as the creation councilmembers at- large, and using a j States is unusual among countries in of the manager's position. nonpartisan ballot. This combination j the world with widespread use of two The relationship between the was contained in the second Model major forms of government based on council and the manager is based on City Charter and also was commonly different constitutional principles. this allocation of authority. Despite all referred to as the council - manager j The overwhelming majority of cities 1 the words that have been written and plan. Changes in electoral practices do not change their form, but circum- spoken about the separation of politics are important, but they do not alter the stances can arise in any local govern- and policy from the administration, form of government itself. ment that puts the question of chang- the unique feature of the council- The council- manager form can be ing form on the public agenda. manager form is the interaction. of and is combined with a wide range The council - manager form is still councilmembers and administrators 0 of structural features. Beyond direct competing with the mayor- council or ! in both policy and administration. election of the mayor and district I county executive form for the support ! As intended by drafters of the model representation, most counties includ- ! of elected officials and citizens (and city charter in 1915, the form ensures . ICMA.orglpm f Public _Management _,'August2008___,MIE that a professional perspective will be ensure both transparency and a focus ample, the mayor 'can veto the coup- presented to the council by the man- on the public interest rather than the nil's selection or removal of the man- • • ager on all policy decisions and that political interests of a single elected ager; and in Cincinnati, Ohio, and council oversight can be directed to official. j Columbus, ,Georgia, only the mayor any administrative action.. J Along with its endorsement of the can initiate removal of the city man - With separation of powers, the council- manager form, since 1969 ager. These practices may represent a mayor can limit the policy advice ICMA has also supported CAOs and hybrid because the manager is aligned • given to the council and can shield other generalist administrators in j with the mayor alone for continuation i staff from council oversight. In the mayor - council cities or elected ex- in office. mayor- council form, mayors can ecutive governments in counties. The When only the mayor can initi- also have a substantial impact on presence of a CAO does not create a ate .termination of the manager, it is the amount and quality of profes- hybrid form in the sense of altering possible that the manager will seek sional advice they receive and share the basic features of the governmental j to serve the mayor rather than the with the council and on the level of structure. CAOs are universal in the entire council and, therefore, be more professionalism that is present in the cities of European countries that use a CAO than a city manager. Although administrative organization. In con- the strong -mayor form — France, Italy, this specific practice is still extremely trast with the council- manager form Spain, Portugal, and Germany —and rare, observers should continue to in which the council has authority in English cities that elect executive monitor its impact. over the manager, the mayor in the mayors. In sum, the essential differentiat- mayor- council form is a separate and Executive authority is still divided ing characteristics of the major forms independent executive. -from legislative authority and assigned of government in the United States The second feature that differenti- to a mayor who may in turn delegate continue to depend on how authority ates forms is how executive respon- assignments to the CAO. Most CAOs is allocated between the council and sibilities are assigned to an elected appointed by the mayor consider - the executive, the assignment of ex- or appointed administrator. In the themselves to be agents of the mayor. ecutive functions, and the reporting council- manager form, executive Council confirmation of the CAO relationship of the top administra- functions are the responsibility of the adds accountability to the council as tor. The cities and counties that fall 1 city or county manager even if some well as to the mayor and helps make within one form of government or • functions on occasion are shared with the CAO a bridge between the mayor the other may demonstrate extensive 1 other officials. In parliamentary -style and council but does not change the variation in specific formal and in- local governments in northern Eu- essential features of the form. formal practices but share the basic j rope, the mayor or other top political A possible hybrid can be found defining characteristics. figure commonly shares executive when the council is solely responsible • authority with the top administrator, for appointing the CAO —the situa- STATUS: USE OF COUNCIL- but this administrator is still the chief tion in about one mayor - council city MANAGER FORM AND CAOs executive officer.. . in four that has a population greater The use of the council- manager In the mayor - council form, ex- than 10,000 and in a higher propor- form has expanded dramatically and ecutive responsibilities are exercised .tion of smaller cities. The conditions continuously throughout its his - under the authority of the mayor. A of unified authority and responsibil- tory. Some suggest that the dramatic central coordinating administrative ity of the CAO to the council can be growth is over, and there has been position can be created —a CAO —but found when the CAO is appointed by a widespread impression that the in contrast with the clear delegation the council. form is losing ground in large cities. of executive authority to' the city. The presence of an elected mayor Even when examining changes since manager, the assignments to the CAO in the council- manager form does j 1990, however, it is obvious that use may be determined by the will of the not create a hybrid so long as most of the council - manager form has in- executive mayor. In contrast, the executive responsibilities are assigned creased. Overall percentages of cit- council- manager form ensures the to the manager and the manager is i ies using the major forms and other linkage of executive responsibilities responsible to the council as a whole. forms of government are presented with . a professional top administrator. In a small number of council- manager in Figure 1. • When a top administrator is pres- cities = approximately 20 American There continues to be extensive ent in the local government form, the cities with populations greater than . growth, with a 45 percent increase in third distinguishing feature is wheth - 10,000 —the mayor has been- formally the number of council - manager cities. er the administrator is responsible to "empowered" with a greater role in In cities under 10,000 population, the entire council or to the mayor. developing the budget and selecting ! there has been a large -scale decline in i • Responsibility to the entire council the manager and, in a few cases, re- the use of the mayor- council form and 1 is an essential characteristic of the moving the manager. a corresponding increase in council - council- manager form and helps to In Long Beach, California, for ex manager cities, suggesting that many Fublic.Management_ August_20Q8 ._ ___J I • • "-::.,,,,:- ''',,-: 0 C hange All U 5 ci ties over Goes s maller Ci r 2,500 in pop ul a tion % (num % (number) ", ' % (number`) than 10;,000 th 1 0, 000 May counc ' W 5 45% . 43 (3,645) • (3 , 131) - (-5 14).` Council- manager 36:2% 48 9% 45 5% 5 526, ,420) (3;5 Other. 9 2% 7,5 % -12 0% -27 -'1J)'-'-':--,'-'-''-' (543) ' (, =74) y Total 00 0 % 100: % ` 6 682) (7;19 ,= (512) S o u r c e : Tlie Municipal Year B 2008:. The number o c ities un der 10 000 was 3,914 m •1990' 3;9 26 in 2007'. The number of ci o 10 ,00 w 2 76 8 ' i n'1990 an - '3 26 in;2007 cities are converting their forms. In j Toled Ohio. The council- manager to surveys with other data so u r ces. cities over this population size,. the form replaced the mayor council form When all mayor - council cities over' number of council- manager cties in Cedar Rapids, Iowa; El Paso, Texas; 10,000 population are examined, it has also increased substantially along and Topeka, Kansas. can be seen that 48 percent have a with stability in the number of mayor Abandonment of the council- CAO About half of these CAOs are council cities. manager form was rejected during this appointed by the mayor with the The expansion has occurred in period in nine cities. With these cross ! p of the council, one __e- 411 cities of all sizes. Council - manager currents of change, there is no clear are appointed by the mayor alone, governments represented a slightly trend in the use of form in large cities. and one-quarter are appointed by the larger share in all but one of nine city The council manager form is used in council and in many respects are the size categories in 2007 compared with 55 percent of these cities, and with ex functional equivalent of city manag- 1990, as indicated in Figure 2. An pected demographic changes there will ers, as noted previously. absolute majority of cities between i be more cities over 100,000 population In addition, 5 of the mayor- 10,000 and 250,000 in population use and more of them will use t h e council- council cities under 10,000 popula- the council- manager f orm, council- manager form in the future. lion in the 2001 Form of Gove rnment manage cities have a plurality over To get an accurate measurement o s urvey have a CAO. Ove rall, the use mayor - council and other f orms in cit- i the use of CAOs in mayor - council cit of CAOs ha probably increased since { ies between 5,000 and 9,999, and the ies, we have combined the responses 1990. two forms are almost evenly divided in the cities between 250,000 and • 500, in population. F 2. Percentage of Cities Using the Co unc il - The ma or- council form has a u e • �e e . 1 �. higher share of the cities with fewer than 5,000 and more than 500,000 70 in habitants, although the number of 60 council-ma nager cities is growing in `. 4"" these cit as well. 40 � � i � d i Since 19 the council - manager kz 4, " 4,• . , :,4 4 4' � ,t� w3 — form has, been replaced with the so _ ( 3 x , , g '} i ma yor - co ncil form in nine cit- 20 w` •0 ', ' A ) , " witi ies wit populations of more than i�" *„ , < i ' 1 sig { 100,000 Fresno,. California; Hart 0 ' ' ' ' ' ' ' ' Conne cticut; Mam Flor ida; Oak ° 5 0 0 0 "10 000-. 2 000- 50 000 700.0 25 0 ;0 00. 5 00 000 1 million & , land, California; Richmond, V ir g inia; 4999 ; 99 2 4 9 99 49 999 99,999 2 49 999 499;99 999 999 o v er . St. Pe tersburg, Florida; San Diego, Cal ifornia; Spo kane, Washington; and 799° ©2007 I�r ICMA.orglpm eublic_L7anage men-- 1 August 200 8_._A i , , s i usually no dist between Captu Profess Managemen History: mayor - cou cities with and without a CAO. It seems likely that • the mayor ' V ' • counci cities with CAOs will occupy an int ermed i at e position between During t h e f our I CMA Regio Sum he m Marc an d April 2008 I C MA council manage cities a nd mayor Executive Direct Bob 0 Neill en a tt e ndees to `p in aspeci council c ities without a CAO C orn ro ec to. document the hi fi ' e p j` t o r y and v alu e of th rn p rofe ss i o n, th e paring the perceptions of pers wh coun m anage r fo of gov and •IC have served as both CAOs and city I C M A 's I00 t h Anniversar "y Legacy Celebration kick o ff•thi year at the 2 " • m anagers, scholar David Ammons annual con in R { Virginia, with a series ofacti c concludes that "professionalism tends mg the city of Staunto Vir ginia :S tau n ton is celebrating its; 100th anniver a s • to be advanced by the appointment of a city administrator and advanced the first communi establis the po s ition o f c ity manager this year ICMA will even further by the appointment of a recognize its 100th anniversary in 2014 city manager." 9 But the celebration doesn t sto'p:with just those com 'th w 'have am 100, year of •profession - manageme by 2014 ICMA is e all: CONCLUSION sta teran`d affilia associati t o hel cap the hi o f pr m an The coun manager form is growing a gemen t by coll stories as t old by the= peopl w ; made m ha To j oin . and continually in new i n th is effor IC a s ksh'a t y o u pract to strengthen democratic leaders citizen involveme and I iden tify those in dividu als in y sta (early m academics or elec administrative effectiveness. When the ed officials i nvolved in •th c o char who l a ed a ma or role in c re basic principles that define the coup t ) p y j cil m a n ager form are used as po ints atmgror furth professional manage or w ho knew. o wo fo thos who h cre the professi Who f " example are.the local go v e rnme n t ' of re ference, it i evident t hat the form ��,, ,.� has demonstrated flexib whi it her i n y ou r s tat e or region ?• has preserved its basic characteristi The council manager form and 2 •': C on duc t video m t e rvi e w s wi the indi inter t ha t ar sem other forms based on parliamentary j t o t he one Bob' Neill con w i th form " Res ` e r v e Chai pr inciples operate with various corn- Paul Volcke f fir c mana m T New J er YouL binat o electoral features and ca view an abb ver sion of t inte o at i c m a tv : c om,,' c lick n o differing degrees of shared executive Bo N Ch -with Paul Vol und t L at e st N ews s e ct ion ` It he . a utho ri ty with the mayor. Still, they x = left s id e To w a t c h the lon 13 mi versi g htt / , o incorporate the essential features of and enter 'Bob O'Nei interviews Paul Volcker" in the search bo unified authority, assignment of execu , tive responsibilities to the professional A Itst of suggested m q u e stion s is a vailable a t http i /i cing org7int top admini and, accountability questio T togeth our past; pr a nd fu t u re, w e re com mend th your I of the adm to t e entire coup conider having a young profes c the intervi cii. At the same time, the use of a c hief administrative position is slowly ex - 3 copy of your video interview to ICMA for u ' se on icma org; I CM A : pan in local governments that use t v a nd in a, la` c o mm e m or ative -vid t wil be f at.th'e 2 0.14` annua • elected executive forms of governmen confer in Cha /Me cklenbur g County, Nor Carolina although the United States lags behind European countries in which such a Set aside'some time at your next st or a association - meeting to.de- position is universal. velop�a plan�for participating m this,important (a fun') hi storical project' ore,; M The external forces working on information concerning ICMAs Legacy Celebration, is availa am o rg In all loca go vernments are the same— themeantime contact Michele Frisby at mfrisby @icma org�or 2027962 3658 if increased media pre ssure, fracturing of interest groups, and a decline in You have questions or want -to express interest m p m` t he project social capital that ties groups to each - "' '• . � ' " other and to the community. Further- same q ualities — leadership, respon- The coun manager form does more, the changes in the orientation siveness, and a dministrati ve effective- , not automaticall produce good of elected officials —more assertive ness —as Ehrenhalt has a rgued. H ow government without the appropriate I mayors and more activist and constit- localities achieve and sustain th ese ! con tributions by elected and admin ill uency- oriented con—are qualities is likely to be shaped by their istr ative o fficials. If, however, one similar in all governments. structural features and the principles is choosing the form of government All local governments need the on which they are based. most likely to produce sound, long - d ■ P_u August 20 08 • • • THE MAYOR - MANAGER CONUNDRUM THAT WASN'T Submitted to Governing Magazine by • • • Robert J. O'Neill, Jr., Executive Director International City /County Management Association • The mayor- manager conundrum allegedly taking place among larger U.S. cities, which according to Alan Erenhalt (Governing, October 2005) pits strong political leadership against managerial leadership and effectiveness, is not and should not be an "either /or" proposition. For a community to be successful, you need strong political leadership, strong policy development, a •relentless focus on execution and results, a commitment to transparent and ethical government, and a strategy for representing and engaging every segment of the community. While to do all these things well is difficult, many communities do get it right; and those that have risen to the top have committed over time to being effective in each dimension.. When we look at the measures.of success that matter most to communities — population and job growth, income levels, educational attainment, quality of life, public safety, and financial stability — we • see that among the top 50 largest cities and counties in the U.S., those that lead in these • indicators have had both strong political leadership and effective management capacity. The Performance Dividend of Professional Management • Professional local government management plays a critical role in balancing the demand to operate at the speed of business with the speed of democracy. To quote political scientist and public executive Harlan Cleveland, "how do you get everyone in on the act and still get action ?" This is one of the most important dimensions of the performance dividend of professional managers. • In the Government Performance Project, a study conducted in 2000 by Governing magazine and Syracuse University's Maxwell School of Citizenship and Public Affairs of the 35 U.S. cities with the largest gross revenues, the-two cities receiving the highest overall grades of an A and A- • - respectively were Phoenix, Arizona, and Austin, Texas. The Maxwell School had this to say about the ongoing success of these two top - ranked communities: • "Why, for example, are Phoenix with the only A overall and Austin with the lone A- the standard setters? Both are committed to rigorous management and performance in all areas of government, leading to countless improvements in delivering services to • residents. And both do' a good job of involving their citizens in the effort to be effective." • Having a vision for a community is key to its success and developing and articulating future directions is an essential element of strong political leadership; but to paraphrase a popular corporate adage: "Vision without execution is hallucination." An important element of the value of professionalism is the ability to translate vision into results. Whereas strong political and policy leadership can create a truly inspiring blueprint for a community's future, successful • 1 • • public sector organizations such as Phoenix and Austin recognize that the other side of the equation involves the buy -in of our employees and citizen- customers and the efficient. execution of the blueprint by an experienced, highly trained management professional. Citizens, Elected Officials, and Managers Working Together While some see a powerful mayor as their ticket to faster decision making, the quick fix of empowering the mayor with a city's managerial direction may not be the answer. Strengthening the position of the mayor at the expense of silencing the voices of the other elected officials and/or citizens will not solve the challenge of inadequate political and policy leadership. Instead, it diffuses the role of the people directly elected by residents to represent them in community decision making. Investing in a `single, "go -to" individual may seem attractive, but it may reduce the very accountability and transparency sought by residents and compromise the ability of elected officials to work for their constituents. Lessons Learned from the Corporate Community. I think it is instructive to borrow a lesson from the corporate world regarding governance. We have seen how too much power concentrated in too few individuals, poor incentive structures, • and weak oversight can be disastrous. Reformers have identified many improvements that are being implemented to improve corporate governance. In their new book, The Recurrent Crisis in Corporate Governance, for example, Yale University professor Paul W. MacAvoy and shareholder advocate Ira Millstein suggest that only separation of the board and management • functions will fundamentally solve the problems of corporate governance. The 2002 Public Company Accounting Reform and Investor Protection Act, a.k.a., Sarbanes- Oxley, also provides for a number of corporate governance reforms. It is interesting that many of these same principles — independent directors, a chairperson who is not the CEO, a strong commitment to the oversight role of the board, transparency of action, and a strong commitment to ethics — are at the core of one U.S. structure of government that combines effective public management with a system of representative democracy that encourages open communication between citizens and their government. More than half of the 40 cities that received a triple -A bond rating as of December 2003 from both Moody's and Standard & Poor's, for example, operate under the council- manager form. It is also the structure used by six of the 10 communities recognized in 2004 by the National Civic League with the coveted All- America City Award, which encourages civic excellence by honoring those communities in which "citizens, government, business, and nonprofit organizations demonstrate successful resolution of critical community issues." Recently the Center for Digital Government and the National League of Cities surveyed local governments and ranked the top 10 cities in four population categories for making the best use of technology to improve operations and better serve their constituents. Eighty -three percent of the highest ranked cities use the council - manager form. • • 2 • • Successes such as these could happen under any form of government, but the council - manager form and alternative provisions, as presented in the National Civic League's 8 Model City Charter, provide the best approach to ensuring effective political leadership, representation, accountability, and results. • Conclusion The economic and political challenges currently facing many large metropolitan communities have led some to surmise that the dimensions of strong political, policy, and managerial leadership; organizational integrity; and successful citizen engagement are mutually exclusive. In fact, the opposite is true. The Government Performance Project and other data I've cited support the notion that the combination of these dimensions is important. To be effective in all of them is a struggle, but short cuts and simple solutions always fail. In The Daily Drucker: 366 Days of Insight and Motivation for Getting the Right Things Done, revered management consultant Peter F. Drucker says: "Management has to give direction to the institution in manages. It has to think through the institution's mission, has to set its objectives, and has to organize resources for the results the institution has to contribute. Management is... responsible for directing vision and resources toward greatest results and contributions." Only through the successful combination of strong political leadership, strong policy development, effective and professional management, organizational integrity, and inclusiveness can a community achieve the kind of results that will ensure its future viability and a high quality of life for all its citizens. le Leaders at the Core of Better Communities • • • . 3 What is the council-manager form of government, which is used today by so many cities, towns, and counties? Council- manager government combines the strong political ' leadership of elected officials with the strong managerial experience of an appointed manager or administrator. All power and authority to set policy rests with an elected governing body, which includes a mayor or chairperson and members of the council, commission, or board. The governing body in turn hires a nonpartisan manager who has very broad authority to run the organization. Born out of the U.S. progressive reform movement at - the turn of the 20th century, the council- manager system was designed to combat corruption and unethical activity in local government by promoting effective management within a transparent, responsive, and accountable structure. Since its establishment, the council-manager form has become the most popular structure of local government in the United States. The form is also widely used throughout the world in countries such as Canada, Australia, the Netherlands, New Zealand, and the United Kingdom. How does council- manager government work? ' The elected council or board represent their community and develop a long -range vision for its future. They establish policies that affect the overall operation of the community and are responsive to residents' needs and wishes. To ensure that these policies are carried out and that the entire community is equitably served, the governing body appoints a highly trained professional manager on the basis of his /her education, experience, skills, and abilities (and not their political allegiances). If the manager is not responsive to the governing body, it has the authority to terminate the manager at any time. How can council - manager government benefit my community? A city, town, or county benefits from the council- manager form of government in a number of important ways: 1. Political power is concentrated in the entire governing body. The mayor and council share legislative functions 2. Policy making resides with elected officials, while oversight of the day -to -day operations of the community resides with the manager. In this way, the elected officials are free to devote time to policy planning and development 4i. s ^� � A r • xs , ,�. � ,.. �' ���.��,..M ���s�.,. � �`�` '� si 3. The manager carries out the policies established by the elected governing body with an emphasis on effective, efficient, and equitable service delivery 4. Because decisions on policy and the future of the com- munity are made by the entire governing body rather • than a single individual, council- manager governments more often engage and involve their residents in decision making. Residents guide their community by serving on boards and commissions, participating in visioning and strategic planning, and designing community-oriented local government services 5. The form is flexible enough to adapt to local needs and demands. For example, some communities elect their councils at large, while others elect them by district or by a combination of an at- large-and -by- district system. Also, the mayor can be directly elected by voters or selected by and from among the council. What is the role of the manager under council - manager government? The manager is hired to serve the council and the community and brings to the local government the • benefits of.his /her training and experience in administering municipal or county projects and programs. The manager prepares a budget for the council's consideration; recruits, hires, terminates, and supervises government staff; serves as the council's chief advisor; and carries out the council's policies. Council members and residents count on the manager to provide complete and objective information about local operations, discuss the pros and cons of alternatives, and offer an assessment of the long-term consequences of their decisions. Appointed managers serve at the pleasure of the governing body. They can be fired by a majority of the council, consistent with local laws, or any employment agreements they may enter into with the council. The manager makes policy recommendations to the council for consideration and final decision. The manager is bound by whatever action the council takes, and control is always in the hands of the elected representatives of the people. What is the role of the council? The council is the community's legislative and policy- . making body. Power is centralized in the elected council, which, for example, approves the budget and determines ' the tax rate. The council also focuses on the community's goals, major projects, and such long -term considerations , "'' 4 its. ..,. �_ t . .`".r�., >,� . � �d� �'��' ..... ..... ... ,s., q. ¢ .... � • Ah'tZrA ? � *'z :fi �'g�` ' " • as community growth, land use development, capital improvement and financing, and strategic planning. The council hires a professional manager to implement the administrative responsibilities related to these goals and supervises the manager's performance. What is the role of the mayor or chairperson? Mayors or chairpersons in council-manager communities are key political and policy leaders, and their specific duties, responsibilities, and authorities depend on the organization's charter. In council - manager communities, typically the mayor or chairperson is a voting member of the city council who presides at council meetings, represents the city intergovernmental relationships, appoints members of citizen advisory boards and commissions (with the advice and consent of council), assigns agenda items to committees, facilitates communication and understanding between elected and appointed officials, and assists the council in setting goals and advocating policy decisions. What value does a professional manager contribute to a community? Professional managers contribute value to a community because they: • Work in partnership with elected officials to develop sound approaches to community challenges by bringing together resources to make the right things happen and produce results that matter • Bring a community-wide perspective to policy discussions and strive to connect the past and future while focusing on the present. They help the governing body develop the long -term vision for the community that provides a framework for policy development and goal setting • Promote ethical government through commitment to a set of ethical standards that goes beyond those required by law. Managers who are members of ICMA subscribe to the organization's Code of Ethics, which requires them to "affirm the dignity and worth of the services rendered by government and maintain...a deep sense of social responsibility as a trusted public servant" • Encourage inclusion and build consensus among diverse interests (including those of elected officials, the business community, and citizens) by focusing on the entire community rather than the centralized interests of one or two individuals "rfr� r "�Pr a # rear r ka • • Promote equity and fairness by ensuring that services are fairly distributed and that administrative decisions (such as hiring and contracting) are based on merit rather than favoritism • • Develop and sustain organizational excellence and promote innovation. Professional managers focus relentlessly on efficient and equitable service delivery, policy implementation, and evaluation. They align the local government's administrative systems with the values, mission, and policy goals defined by the community and elected officials. Does it cost more for a community to adopt the council- manager form and hire a professional manager? Many local governments have found that their overall costs are actually reduced under competent management. Savings can come from decreased operating costs, increased efficiency and productivity, improved revenue collection, and effective use of technology. The economic health of the community may also benefit from implementation of improved business development and retention strategies. What kinds of communities use the council- manager form of government? In 2007, more than 3,500 (49 percent) of the 7,171 U.S. cities and towns with populations of 2,500 residents or more operated under the council- manager form. This structure is also used by more than 370 counties. More than 92 million people in the U.S. live in communities that operate under this form. Is the council - manager form popular among larger communities? Of the 247 U.S. cities with populations greater than 100,000 residents,144 (58 percent) use this form of government. Larger cities and counties that use the form include: • Broward County, Florida (pop. 1,623,000) • Charlotte, North Carolina (pop. 540,000) • Dallas, Texas (pop. 1,188,000) • Fairfax County, Virginia (pop. 969,000) • Las Vegas, Nevada (pop. 535,000) • Mecklenburg. County, North Carolina (pop. 695,000) • Oklahoma City, Oklahoma (pop. 506,000) (continued) • . e.,. 3 . ; k, ti u�l • M1 (continued) • Phoenix, Arizona (pop. 1,321,000) • San Antonio, Texas (pop. 1,144,000) • San Jose, California (pop. 894,000) • Virginia Beach, Virginia (pop. 425,000) • Wichita, Kansas (pop. 344,000) How can a community adopt the council- manager form of government? Most communities can adopt council- manager government through a charter, local ordinance, state enabling law, or by voter referendum. For information on how your community can adopt council- manager government, contact your state municipal league or association of counties. You can locate the addresses of these organizations on the Internet, or in the back section of ICMA's Municipal Year Book, which you may find in your local library. Once a community adopts council- manager government, how does it choose a professional manager? The vacancy usually is announced in the ICMA Newsletter, and managers, assistants, and other individuals from across the country are invited to apply. Interested parties apply directly to the council, which reviews the applications and interviews qualified candidates. ICMA makes no recommendations regarding candidates. Additional information is available in ICMA's Recruitment Guidelines Handbook. To download a copy, visit http: / /jobs.icma.org and click on "Recruitment Guidelines Handbook" under "Resources." What kind of educational and professional experience do professional local government managers possess? Nearly 67% of managers surveyed by ICMA in 2006 indicated that they had earned a master's (usually in public administration, business, or public policy), or other advanced degree. Respondents to the same survey said they had spent an average of 19 years in the local government management profession. • Do professional local government managers have a membership organization? Yes. ICMA (the International City /County Management Association) is the premier local government leadership and management organization that serves as the • professional and educational "home" for appointed professional managers and administrators. ICMA's membership also includes directors of state associations of local governments, other local government employees, academics, students, and concerned citizens who share the goal of improving local government. ICMA's mission is to create excellence in local governance by developing and fostering professional local government management worldwide. To that end, the organization provides technical assistance and publications for management professionals to help them improve their skills and increase their knowledge. ICMA also serves as a clearinghouse for the collection, analysis, and dissemination of information and data about local government. Why is membership in ICMA important for a professional local government manager? In addition to gaining access to valuable resources and lifelong professional development opportunities, managers who belong to ICMA are bound by its Code of Ethics, which states that every member of the organization shall act with integrity in all personal and professional matters so that ® they will merit the respect and trust of elected officials, employees, and the public. This stringently enforced Code specifies 12 +ethical principles of personal and professional conduct, including dedication to the cause of good government. ICMA members believe in the effectiveness of representative democracy and the value of government services provided equitably to residents within a community. ICMA members are also committed to standards of honesty and integrity that go beyond those required by the law. For more informations contact ICMA or visit http: / /icma.org /ethics: • Finally, ICMA defines professional management and recognizes individual members who are qualified by a combination of education and experience, adherence to high standards of integrity, and an assessed commitment to lifelong learning and professional development. ICMA members who meet these requirements may earn designation as an ICMA Credentialed Manager. For more information on ICMA's Voluntary Credentialing Program, visit http: / /icma.org /credentialing. • . s f ^^^^:„ ' 'r° ?'o-kw.it ray • ,,,,„„:,,,,,,7k,,. „ ....„1,,....„ Are there other, i ndependent organizat that suppor coun manager government? erica's profi The National Civic League (NCL) is Am original advocate for community democrac This non: t, nonpartisan membership organization is dedicated to strengthening citizen democracy by transformin dem o cratic institutions. NCL accomplishes its mission th roug h technical assistance, training, publishing, research, and prom oting th All- America City Awards, America's original and most prestigious community recognition pr ogram. . Founded in 1895, NCL serves as a clearinghouse for information on methods o imp roving state and local 0 government. The League's M City C now in it t eighth edition, has endorsed council manager gove rnmen since 1915. F or fu r t r h e ' r info co nt act � Jare MDa iley ' � A "r � A Man a g er �� �� � � �CMA " U , " , � � 77 No rthiCapito St f Suite 500 a , ■ „ � . �r Was hington DC 20002 -42 ., e . - 1 ' "'�,i ' 3r `k ( ! d § 4 a tG ,1, a e ::4 4)1 fir t j a org � ;�' " 202 9 62 3 5 5 7y ��� h M � 20 35 00 fa , http / /icm org /,form g � � , -," National C Leagu -. � �' s , ;� 144 Street Sulte Denv Co W28 ` 0 3 5 +71'4343 ', t ' , ,' f p ` 303 57a�1 -440 faX r s, , 0-0 'http / / ww w .ncl or r : '< � � � �' � +r � "r2 � � � e �� , � y � ���� � � x t,, a ��' 3 1 &, . £ . � 7ws�.` k � +: u tt�c' �`b• % ICMA Code of Ethics • With Guidelines ® , The ICMA Code of Ethics was adopted by the ICMA membership in 1924, and most recentl amended by the membership in May 1998. The Guidelines for the Code were adopted by the ICMA Executive Board in 1972, and most recently revised in July 2004. The mission of ICMA is to create excellence in local governance by developing and fostering professional local government management worldwide. To further this mission, certain principles, as enforced by the Rules of Procedure, shall govern the conduct of every member of ICMA, who shall: • . 1. Be dedicated to the concepts of effective and Credentials. An application for employment or for ICMA's democratic local government by responsible elected Voluntary Credentialing Program should be complete and officials and believe that professional general accurate as to all pertinent details of education, management is essential to the achievement of this experience, and personal history. Members should objective. recognize that both omissions and inaccuracies must be avoided. • 2. Affirm the dignity and worth of the services rendered by government and maintain a constructive, creative, and Professional_ Respect. Members seeking a management practical attitude toward local government affairs and a position should show professional respect for persons deep sense of social responsibility as a trusted public formerly holding the position or for others who might be . servant. applying for the same position. Professional respect does not preclude honest differences of opinion; it does Guideline preclude attacking a person's motives or integrity in order Advice to Officials of Other Local Governments. When to be appointed to a position. members advise and respond to inquiries from elected or pointed officials of other local governments, they should Reporting Ethics Violations. When becoming aware of orm the administrators of those communities. a possible violation of the ICMA Code of Ethics, members are encouraged to report the matter to ICMA. 3. Be dedicated to the highest ideals of honor and In reporting the matter, members may choose to go on integrity in all public and personal relationships in order record as the complainant or report the matter on a that the member may merit the respect and confidence confidential basis. of the elected officials, of other officials and employees, and of the public. • Confidentiality. Members should not discuss or divulge information with anyone about pending or completed Guidelines ethics cases, except as specifically authorized by the Public Confidence. Members should conduct Rules of Procedure for Enforcement of the Code of Ethics. themselves so as to maintain public confidence in their . profession; their local government, and in their Seeking Employ Members should not seek performance of the public trust. ' ' . . employment • for a position having an incumbent administrator who has not resigned or been officially • Impression of Influence. Members should conduct their informed that his or her services are to be terminated. official and personal affairs in such a manner as to give the clear impression that they cannot be improperly influenced 4. Recognize that the chief function of local government at • in the performance of their official duties. ' all times is to serve the best interests of all of the people. Appointment Commitment. Members who accept an appointment to a position should not fail to report for that Guideline position. This does not preclude the possibility of a Length of Service. A minimum of two years generally is member considering several offers or seeking several considered necessary in order to render a professional positions at the same time, but once a bona fide offer of a service to the local government. A short tenure should be position has been accepted, that commitment should be the exception rather than a recurring experience. � nored. Oral acceptance of an employment offer is However, under special circumstances, it may be in the nsidered binding unless the employer makes best interests of the local government and the member to • ndamental changes in terms of employment. separate in a shorter time. Examples of such circumstances would include refusal of the appointing authority to honor commitments concerning conditions of • employment, a vote of no confidence in the member, or participate in fund - raising activities for individuals severe personal problems. It is the responsibility of an seeking or holding elected office. applicant for a position to ascertain conditions of employment. Inadequately determining terms of Elections on the Council- Manager Plan. Members may el employment prior to arrival does not justify premature assist in preparing and presenting materials that explain termination. the council- manager form of government to the public prior to an election on the use of the plan. If assistance is 5. Submit policy proposals to elected officials; provide required by another community, members may respond. them with facts and advice on matters of policy as a All activities regarding ballot issues should be conducted basis for making decisions and setting community within local regulations and in a professional manner. goals; and uphold and implement local government policies adopted by elected officials. Presentation of Issues. Members may assist the governing body in presenting issues involved in referenda Guideline such as bond issues, annexations, and similar matters. Conflicting Roles. Members who serve multiple roles- - working as both city attorney and city manager for the 8. Make it a duty continually to improve the member's same community, for example -- should avoid participating professional ability and to develop the competence of in matters that create the appearance of a conflict of associates in the use of management techniques. interest. They should disclose the potential conflict to the governing body so that other opinions may be solicited. Guidelines Self- Assessment. Each member should assess his or 6. Recognize that elected representatives of the people her professional skills and abilities on a periodic basis. are entitled to the credit for the establishment of local government policies;. responsibility for policy execution Professional Development. Each member should rests with the members. commit at least 40 hours per year to professional development activities that are based on the practices 7. Refrain from all political activities which undermine identified by the members of ICMA. public confidence in professional administrators. Refrain from participation in the election of the members of the 9. Keep the community informed on local government employing legislative body. affairs; encourage communication between the citizens and all local government officers; emphasize friendly Guidelines and courteous service to the public; and seek to Elections of the Governing Body. Members should improve the quality and image of public service. maintain a reputation for serving equally and impartially all members of the governing body of the local government 10. Resist any encroachment on professional they serve, regardless of party. To this end, they should responsibilities, believing the member should be free to not engage in active participation in the election campaign carry out official policies without interference, and on behalf of or in opposition to.candidates for the handle each problem without discrimination on the governing body. basis of principle and justice. Elections of Elected Executives. Members should not Guideline engage in the election campaign of any candidate for Information Sharing. The member should openly share mayor or elected county executive. information with the governing body while diligently carrying out the member's responsibilities as set forth in Running for Office. Members shall not run for elected the charter or enabling legislation. office or become involved in political activities related to running for elected office. They shall not seek political 11. Handle all matters of personnel on the basis of merit endorsements, financial contributions or engage in other so that fairness and impartiality govern a member's campaign activities. decisions pertaining to appointments, pay adjustments, promotions, and discipline. Elections. Members share with their fellow citizens the right and responsibility to vote and to voice their opinion Guideline on public issues. However, in order not to impair their Equal Opportunity. All decisions pertaining to effectiveness on behalf of the local governments they appointments, pay adjustments, promotions, and discipline serve, they shall not participate in political activities to should prohibit discrimination because of race, color, support the candidacy of individuals running for any city, religion, sex, national origin, sexual orientation, political county, special district, school, state or federal offices. affiliation, disability, age, or marital status. • Specifically, they shall not endorse candidates, make financial contributions, sign or circulate petitions, or • It should be the members' personal and professional . responsibility to actively recruit and hire a diverse staff Personal Relationships. Members should disclose any throughout their organizations. personal relationship to the governing body in any instance SP where there could be the appearance of a conflict of 2. Seek no favor; believe that personal aggrandizement interest. For example, if the manager's spouse works for a or profit secured by confidential information or by developer doing business with the local government, that misuse of public time is dishonest. fact should be disclosed. Guidelines Confidential Information. Members should not disclose Gifts. Members should not directly or indirectly solicit any to others, or use to further their personal, interest, gift or accept or receive any gift -- whether it be money, confidential information acquired by them in the course of services, loan, travel, entertainment, hospitality, promise, their official duties. or any other form - -under the following circumstances: (1) it could be reasonably inferred or expected that the gift Private Employment. Members should not engage in, was intended to influence them in the performance of their solicit, negotiate for, or promise to accept private official duties; or (2) the gift was intended to serve as a employment, nor should they render services for private reward for any official action on their part. interests or conduct a private business when such employment, service, or business creates a conflict with or It is important that the prohibition of unsolicited gifts be impairs the proper discharge of their official duties. limited to circumstances related to improper influence. In de minimus situations, such as meal checks, some modest Teaching, lecturing, writing, or consulting are typical maximum dollar value should be determined by the activities that may not involve conflict of interest, or impair member as a guideline. The guideline is not intended to the proper discharge of their official duties. Prior isolate members from normal social practices where gifts notification of the appointing authority is appropriate in all among friends, associates, and relatives are appropriate cases of outside employment. for certain occasions. Representation. Members should not represent any Investments in Conflict with Official Duties. Member outside interest before any agency, whether public or should not invest or hold any investment, directly or private, except with the authorization of or at the direction � directly, in any financial business, commercial, or other of the appointing authority they serve. ivate transaction that creates a conflict with their official duties. Endorsements. Members should not endorse commercial products or services by agreeing to use their In the case of real estate, the potential use of confidential photograph, endorsement, or quotation in paid or other information and knowledge to further a member's personal commercial advertisements, whether or not for interest requires special consideration. This guideline compensation. Members may, however, agree to endorse recognizes that members' official actions and decisions , the following, provided they do not receive any can be influenced if there is a conflict with personal compensation: (1) books or other publications; (2) investments. Purchases and sales which might be professional development or educational services provided interpreted as speculation for quick profit ought to be by nonprofit membership organizations or recognized avoided (see the guideline on "Confidential Information "). educational institutions; (3) products and /or services in . which the local government has a direct economic interest. Because personal investments may prejudice or may appear to influence official actions and decisions, Members' observations, opinions, and analyses of members may, in concert with their governing body, commercial products used or tested by their local provide for disclosure of such investments prior to governments are appropriate and useful to the profession accepting their position as local government administrator .when included as part of professional articles and reports. or prior to any official action by the governing body that may affect such investments. 411 • • . . • . . . • • s • \ AG EI NT ■ • , • • POLITICIAN OR PROFESSIONAL? T HE DEBATE OVER WHO SHOULD ;n RUB OUR CITIES CONTINUES. ' ' City managers and mayors argue over which system ensures the greatest accountability and the best professional management. By Jane ]Mobley • ' t every level of government, - leadership issues are break between 1966 and 1970. "Many cities change surfacing as relentlessly as old tires in a landfill, during the Depression to put new leaders in positions c but accountability in municipalities is a special power. Social problems were so pressing, government hay . focus. Local government is closest to the people and there- to be able to react." In the 1960s, civil rights issue fore most subject to scrutiny and challenge. brought another round of changes that still continues; th i If the garbage is picked up and the potholes are filled, ongoing demands for elections of city council members b if the jails are.in low demand and new industry is clamor- districts, rather than at large, is mostly a minority votin, ing for sites in town, the question of what — or who — rights issue. The combined impact on city and town fi makes the city work doesn't get asked by most people. But nances of a new recession, if it on top of the larg ;t I let the boulevard medians go unmoved fora month or the cutbacks in federal assistance, could create another era o water come out cloudy when the faucets are turned, and upheaval and change. ,: what — or who — isn't working is a pressing concern. In fact, relatively few charters have been amended o .. " This country's 7,200 cities and towns with populations municipal chief executives ousted just lately. Mike Brows of more than 2,500 are ahnost evenly split between those of the Conference of Mayors says that over the past 1 that have elected mayors with the responsibilit■ for run- years, "if you thought about it a long time, you might h Wing things and those that have appointed city managers. able to think of eight or 10 attempts to recall a mayor, an in most places, there is little controversy, most of the time of those very few have resulted in recall." \\illian '. . over the form' municipal government takes. But when • Hansel], executive director of the International City Man >' ! problems pile up, or perhaps more important. when major • agement Association, says that of the 3,000 municipa]itie •,.`' ; changes occur in the population or economy. of a place — run by city managers that his organization regular) + or when new claimants to political power emerge — then tracks, only about 10 consider charter change in any gives j recalls of elected officials, ousters of appointed officials year and, of those, perhaps one — in rare instances, tw, • • and changes in cite charters become hot topics. A resur . — actuall pass. Further in recent years, those change gence of such challenges to the existing order may be in are usually not concerned with executive leadership bu t the making now: ' with electoral issues, usually the election of city counci • "It has been my observation that structures of city members by district or the redrawing of district lines. %"'" government change in times of economic or social up- That doesn't stop voters from contemplating alterna rest," says Arthur J. Holland, the incoming head of the tires, however, and Henry Maier, the dean of big -cit' , D.S. Conference of 'Mayors, who has served as mayor of mayors, who will retire this spring after serving 28 year •i,,-,,,,4h Trenton, N.J. (population 92,000), since 1959 except for a as mayor of Milwaukee (population 605.000), foresees ; '' new wave of change that will favor the strong -mayo Jane Mobley is a Kansas City writer. system. "I strongly believe that in the coming age o 42 GO \'ER:VI \G . February 1988 - • 1 _ ... _ .. ... ... .._ -... , ..,.../ ii.' i die '-':.• .. IV : II I 117 ' � l�Y MANA�E� ..._ IC • - ' I I • , . _ ______ _ __ , 4110.- , : . 4 40 ! • It .: ,` • ,___,________ ____ __._ N. .. . , ,. , 0 . ' : "...ma, 1100, : - .1,1 . :0,:. 6' C I i I I fi t Eh. • I . fifftzvos.:"Pirp < ':,_ i V i w 1.° _ ,„ austerity, there has to be greater centralized responsibil- since the city was first incorporated 27 years ago. The ity," he says. down side to having a full -time mayor is that he or she is Ed Eilert, mayor of Overland Park, Kan., also foresees a liable to screw up," he says. "To be elected to public trend toward strong -mayor systems — but he deplores it. office requires no qualifications." Eilert laughs. "A full- As his city approaches the 100,000 population mark, Eilert time mayor might assume he's running the city and rely believes it will soon need a full -time mayoral position in Less on professional staff. I think moving away from the place of the part -time post, paying $12,000 a year, that he city manager system would be disastrous. We don't want a now holds. Nonetheless, he would like to preserve the mayor to hire and lay people off. We need the continuity council - manager system that has governed Overland Park good professional management offers." hfark Fisher illustration GOVERNING February 1988 43 . MANAGEMENT `` On the other hand, John Lockwood, city manager - of San Diego, sees no threat, from sheer size or 1 li any other reason, to coun- l' cil- manager systems. The t voters of his city, whose 1 population recently passed `" the one million mark, "' have rebuffed several ef- forts at charter changes, most notably in 1972, when a popular mayor, 3 $� {; Republican Pete Wilson (now a U.S. senator), • ,0 backed a move toward a strong -mayor form, which lost 2 -to -1. "People here are satisfied with the sys- tem, says Lockwood. "The bigger a city is, the 1, more it needs professional administration. The may- or 's job is polic not sani- tary ry ]and f ills, parks, San Antonio City Manager Louis J. Fox and Mayor Henry Cisneros; Fox says council makeup is critical to success. schools, freeways, trans- . powers in the federal government. He believes that b \ Since the formal beginnings of cities in the United cause most people can understand the system, they can u. States, five basic structures and myriad variations within it more effectively than other forms of local governmen those have evolved. In the mayor - council form (com- The council- manager system got its start in 1908 whe' monly called a "strong- mayor" system), an elected mayor Staunton, Va. (1980 population, 22,000), passed an ord t', acts as the chief executive officer, with the scope of his nance creating the office of a general manager who was 1 powers determined by state law and variations in local have "charge of all executive work of the city and i organization. The council - manager system (often desig- various departments." A civil engineer got the job, and tl: nated as "weak mayor ') has a manager appointed by and idea of putting a person with technical expertise in charg ,,:' responsible to an elected city council; the manager serves of the. city's functions began to take hold. Many ne' ' as a chief administrative officer, . overseeing personnel, communities adopted council- manager governments wit developing the budget, proposing policy alternatives and their first charters, and by the 1920s even establishe `" generally implementing the programs adopted by the communities began amending their charters to shift ovc council. The mayor, if any, under a council - manager , to a city manager form. , system has limited responsibilities. Less common are the Today, nearly 80 percent of Americans live in smalle F , commission form, under which elected commissioners municipalities where council - manager governments pr( serve as heads of major departments and also as the dominate. "They may be in urban areas, but their acttu legislative body; the town meeting system, in which all city government is suburban," says ICMA's Hansel f' qualified voters make the policy decisions; and the repre- Ninety percent of communities of 50.000 or less hav ' sentative town meeting system, under which voters choose council- manager governments. In cities of more tha -;-,; a comparatively large number of citizens to vote on behalf 500,000, mayor - council systems are more common. Cer of the whole group. tral cities in the Northeast and North Central regions c Townships organized under territorial or early state the United States are primarily mayor - council; centrz ,':{. constitutions used variations of town meetings to get their cities of the South and West don't have a dominant form • business done. Electing a mayor became the popular way In some states, one system or the other now predomi .`',fi to delegate authority as cities grew and states began to nates. In Virginia and North Carolina, for instance, virtu 4.. enact "home rule" legislation in the mid -19th century. ally every community has a council - manager s step' ,; Arthur Naftalin, former mayor of Minneapolis and re- while in Louisiana and Indiana, mayors run the show. cently retired professor of public affairs at the Hubert y Humphrey School of Government of the University of hen Dallas passed the one million mark in popu Minnesota, says the mayor- council system is one that lation last year there was speculation that 'i Americans have easily understood because it is clearly would soon shift to a strong -mayor system �; t ,, democratic and when coupled with legislative powers in While charter change .isn't an issue yet, it well could be . l4 the hands of a city council, approximates the separation of say politicians and professors alike. But it's not that Dalla i'44.1:: 44 GOVERNING February 1988 • Pr[rr .j. Slit alPim re Croup phaogrop • • MANAGEMENT ENT is too big for a council-man- At the heart of groups ager system. It's that the old the rou s have differing politics in ests. They are often at odc mix of business and p malaise 1n some cities is Some people now in city go Dallas is changing. Mayor Annette Strauss (sis- an inability to pull Of course are inexperience ter-in-law to Robert Strauss, Of course they are; they dor the former national Demo- things together, , says have long experience in go cratic Party chairman) is a fe- Bob Kipp, the former ci e male, Jewish, former volun "The challenge in cil . a city that has usually elected teer who is vocally partisan in manager Of Kansas City. management today is to tal this diversity as the gives That's a different kind c white, Anglo -Saxon Protestant businessmen - politicians challenge than balancing a budget and doing other fun( who kept quiet about party politics and talked instead tional things. It's very hard to help a diverse governin about aggressive development in a "city on the grow." body find a common ground and move in a direction an Last year, shortly before Strauss beat Fred Myers, the give a city what it most needs." candidate business supported, the city manager took an- Thomas P. Ryan Jr., mayor of Rochester, N.Y. (popuh • other job. His replacement, Richard Knight, one of the tion 236,000), speaks feelingly of the difficulties. He country's few black city managers, is regarded by other now in his second year in a strong -mayor government h managers and mayors around the country as extraordi- helped put in place, after he'd spent 12 years under • narily capable, but Dallas insiders say he may have little council- manager system. chance of being judged a success because of pressures "A council-manager form of government works ju: from a politicized council and the difficulties of gaining a fine if you have a cohesive majority on the council, the consensus there. know what to do and can generally agree. But a manage "We are seeing an eroding of the council- manager can't work well for nine different people with differin form, even though Dallas has been the antithesis of the ideas," he says. "And a cohesive majority is getting harde strong -mayor approach," says John de la Garza, publisher to get — not just at the city level but anywhere." of a weekly Dallas -Fort Worth business newspaper. Some places can't seem to settle on what kind of ' "There are stresses and strains on our system now. Twelve government they want or elect a council that ca • years ago, we changed from at -large representation, and along with the chief administrator, even if they hay 1 since that time we are experiencing diminishment of the relatively homogeneous population. St. Joseph, Mo. (popu true council- manager form because people are getting lation 77,000), is Exhibit A. The city, plagued by a declin used to the districts. Individual council member's have a ing economy and severe floods, has struggled to find hold in those districts now, and the manager has less form of government that works for it since 1961, when i power than he did." adopted its first home rule charter, with a city adminis. It's not just Dallas. trator appointed by a part -time mayor, subject to approva "The biggest challenges in city government today come of the council. One result was a period of several years ir from diversity, "says Bob Kipp, the thoughtful former city the 1970s when there was no administrator because the . manager of Kansas City, Mo. .(population 441,000), and council refused to approve any of the mayor's candidates, former president of ICMA who is now group vice presi- Next, heavily Democratic St. Joseph elected a Republican dent of corporate services for Hallmark Cards Inc. "Be- mayor, subjected him to a recall vote (which he survived) fore the 1960s, lots of legitimate interests in communities and, in 1982, voted a charter change to a more standard were not adequately represented. Then the traditional type of council- manager system. The council, however, mix of people in elective office changed, and therefore we "didn't like the system that it was their legal duty to now have a much more diverse mix in city government." implement," according to the present mayor, Blair Despite all the changes since the 1960s, white men still Conley, and the first city manager lasted less than a year. :„ fill 91 percent of mayors' jobs and 89 percent of appointed Now, there are voter petitions for more charter change, positions as top city administrators (whether they're city . and Conley, who campaigned for mayor in 1985 without managers or mayoral appointees). ICMA's latest "Munici- knowing in what form of government he'd be serving, has pal Yearbook," with figures for 1986, shows that 2.8 been asked to draft a strong -mayor charter, which he had percent of the mayors and 2.5 percent of the appointed campaigned against. He has agreed on the ground that administrators are black. Hispanics represent 1 percent of "the interest in charter change isn't dying down here and each. Eight percent of the mayors and 10 percent of the will keep resurfacing until something is done." Declining appointed administrators are women. This reflects some morale in the city simply demands a change, he says. The differences from earlier decades (and ICMA's figures are council, meanwhile, is working hard to keep the issue off i: heavily weighted toward smaller communities), but the the ballot. new diversity is mostly to be found on city councils. It makes their jobs harder for strong mayors and city manag- ity managers say that as soon as a city has resource ers alike. enough to hire a manager it ought to do so, that tt "That's what's at the heart of the malaise in cities," says cities never outgrow their need for professional "; Kipp. "It's an inability to pull things together. Often administration and that there is no size of city that isn't 46 GOVERNING February 1988 i u i MANAGEMENT 4 1 . ADVICE TO MANAGERS: YOU'RE EXPENDABLE T he new city manager i s •, manager.' Sometimes people will take over one of the r think from that title that a city most backward, rottenest govern 'E� - manager is trying to manage ments in the country," wrote the . . them rather than their services." Kansas City Star in 1940, just a. - "A mayor is a political leader before L.P. Cookingham arrived '' r 0 for the city. He doesn't know in town. When Cookingham got f anything necessarily about city off the train in Kansas City, Mo., . _ – , t or . �.-•. " administration, and furthermore, he looked around the city he'd .H. he shouldn't have to." come to run. ; • "Just because a charter pro - "What the hell are we doing I0.0.1, vides vides for a strong mayor doesn't this for ?" he said to his wife, Har- _ t - mean you are going to elect a riette. ri f 1 strong man. And if you elect a "Experience," she said 4• j weak man, then you have a trou- Cookingham stayed 16 years `` blesome situation for four years and turned the city around from ,r anyway. In those cases, the man - its days under Boss Tom r f ;> ° �' ager has to take more of a leader - Pendergast's rule. He went on to t ship position." Fort Worth, Texas, as city man- r A ''` "If the mayor and the manager ager, then returned to Kansas don't agree, you have to call for a City to become executive director meeting to talk over the friction. 10 of the international People -to- L.P. Cookingham If it can't be resolved, then you People program. He served many get rid of the city manager. The cities as a consultant and is remembered all over the mayor and manager have to have a good working country by city managers who apprenticed with him or relationship for the city to prosper. The city manager is I with managers he had trained. Cookingham is credited a hired hand. He has to be the one to go." ! with beginning the practice of internships for aspiring "The mayor and the city manager should confer public administrators. Today, the University of Mis- almost daily. You can't keep the mayor informed of souri- Kansas City Institute of Public Affairs is named everything going on in city services, but he has to know for him. In academic debates over whether manage- anything of consequence. ment is an art or a science, it's sometimes said that Perry "The two drawbacks to a council- manager system are Cookingham made it both. a poor council or a poor manager. A poor manager is an From experience has come what city managers 'easier problem to fix. You fire him. A poor council is fondly call the "Cookingham College of Municipal another story." Knowledge ": "A manager can't take orders from individual mem- A city manager can get shot down for fighting for bers of the council or council committees. He needs to an administrative principle unimportant in the long say, 'Sounds like a good idea. Let's see what the whole run. Some of the time you have to work politically to council says.' " produce a decision." "I think I stayed too long. I think you'll make the "Some cities use the title 'chief administrative officer' contributions you can in 10 years, maybe 15. Then it's for the professional manager. I like that better than 'city time to move on." —J,M, better off with a city manager system. Even strong mayors istrator in the preparation of the budget, not the other and the academics who support the idea of a strong mayor way around. He sits at my right hand in department agree that a professional administrator — no matter what 'meetings. I tell the Trenton city administrator, 'I'm going title his position carries — is critical to a smoothly running to be out there cutting ribbons. You're going to be in here big city. cutting costs.' "Every strong mayor of a big city, especially, needs a ® From the city managers' side, Phil Deaton of Olathe, manager, Trenton:s Holland. "I can't imagine trying Kan. (population 52,000), says, "Go to any conference to run a city without one. In fact, I call our system a where strong mayors gather, and nearby every one of mayor- council- administrator form of government and I them will be the person who's responsible for detail, the try to appoint a person who's been a city manager to serve one that is giving the mayor a chance to be a success. as our administrator. Practically, today, I assist the admin- Maybe they're called director of finance or personnel, but Dan Whitt/Pirture Group photograph GOVERNING February 1988 47 MANAGEMENT they have to be there because • For all the debate system. The manager is the nobody can do it all. Mayors rr servant of the council and can are for leadership. City ad- about different forms be dismissed by them at any ministrators are for function." o overnment all a ree time." Naftalin, the retired Min- g , g Fox is quick to admit that neapolis mayor and Univer- that it is individuals council makeup is critical to sity of Minnesota professor, - the success of any city admin- . says that every city needs a who make any System istration. "The council is a good mayor for leadership • WOfk Or not Work. major player. Each of our 11 and a good administrator for members represents 100,000 management, even though • people. With that many peo- "I've come to believe it's best if the mayor is the presiding ple, if you have all talk and no team spirit, you have officer in charge of several clearly established offices, able divisiveness, but we don't have that here. Henry delivers a to appoint department heads, with • the council having' policy statement. The council buys off on it legislative power and the mayor able to' veto." ' ' "Why does it work in San Antonio ?" Fox tries an "I think most theorists in political science favor a answer that doesn't really explain it. "It's a minority city, strong -mayor system because it is nearer democracy: The but we don't have a minority mentality. People don't say mayor is elected by, and accountable to, all the people, the 'blanks' — you fill it in: blacks, Hispanics, Orientals, he says. women, gays — are running the city. In San Antonio, the But the people may not care about philosophy: When people are running the city. The people feel responsible Naftalin won his second term as mayor of Minneapolis in • for their city." ' 1963, he shared the ballot with charter reform._Hes :For _.all . the debate about forms_ of government, there is a landslide. The move to change to a strong -mayor system one key point of agreement: It is individuals who make got only 37 percent of the same vote. any system work or not work. Naftalin says a wonderful case study could be made of A ccountability is a major consideration when the Minneapolis, with its council- manager system, and St. pros and cons of strong mayors versus council- Paul (population 264,000), with a strong mayor. "You manager systems are debated. Milwaukee's Henry , really have two 'strong' mayors here, despite different Maier argues that "councils are amorphous and not clearly structures," he says. "Both are Democrats, both are run - identified in terms of who they are and what they can do. ning their . cities well. I'm not sure how important the I'm not sure that people in a ward know who their distinctions really are anymore. If you have a mayor with alderman is, and so they hold' the mayor responsible." . a strong personality, he can be a strong mayor." Although mayors face elections and even a few success- "Strong mayors ?" snorts Milwaukee's Maier, in answer ful recalls, the city manager advocates argue that their to the question of whether strong mayors or city managers system produces the greater accountability. City manag- work best for big cities. 'There aren't very many strong ers' job reviews can be very swift. Don Pipes, city man- mayors, no matter what you call them. The mayor of New ager of Overland Park for 24 years, has a 10 member York has considerable strength by statute. And Mayor council and puts it this way: "I learn to count to six all [Richard] Daley of Chicago had the weakest power by . over again, in a hurry, after each election." statute in the U.S. So which is the strong mayor? I fall Louis J. Fox, city manager of San Antonio, Texas (popu- somewhere in between. But it's not statute altogether that lation 914,000), agrees. He and San Antonio's mayor, makes a mayor strong." Henry Cisneros, are acclaimed with near - unanimity by "Strong mayors are strong people. That's it," says L.P. professionals in city government as the most effective . Cookingham, who, as the former city manager of Kansas mayor -city manager combination in the nation. City, Mo., and Fort Worth, Texas, has been an inspiration Fox absolutely favors the council - manager form and to several generations of city managers. At 92, he doesn't says, "In mayor- council government, you focus on an mince words. "It doesn't matter what kind of government individual. In council - manager government, the represen- you have — council - manager or mayor- council — a tation of the people is really more accurate. And the strong man can work fine with either one and accomplish accountability for dynamic government is absolute. If the whatever he sets out to do. A weak man won't get it done council doesn't think the manager is doing well, out he no matter what you call him or the rest of the people goes. around him." True. But is that good? "We've had a debate for 20 years in this community "A city manager is the strongest ,type of executive until about what form of government to have," says Rochester's he gets knocked off by a council," says Trenton's Holland, Ryan, "and the bottom line is good people committed to disapprovingly. good governance is what makes it work. It doesn't matter Milwaukee's Maier, having announced that he will not what the system is." - run for re- election, is even bolder. He says it has taken "People are at the heart of good governance," says 0 him years "to lick the council" on some of his agenda Trenton's Holland. "Before any city changes the system' of items and adds his view that the political power of city government they have, they need to make sure it's not the councils is "the biggest weakness of the council- manager people currently in office who are at fault." ❑ 48 GOVERNING February 1988