Fort Walton Beach Council agenda — 09-16-08 workshop agenda — reading text

representation. While the Voting Rights Act governs all jurisdictions, in some cities the problem of 5  W 4 compliance with its provisions and avoidance of court challenges is a matter of particular concern. Just as there is no absolute model for providing competent and effective legislators, there is no absolute pattern which will assure equitable representation. As the body charged with making municipal policy, the council can create permanent or ad hoc mechanisms to assist in that process. For example, it can create planning and recreation boards or study committees. Likewise it can create agencies with quasi- legislative or quasi-judicial status, such as a human rights commission or a zoning appeals board. The Model makes no provision for specific instrumentalities designed to provide input at the neighborhood level for policy-making or service delivery evaluation. Nor does it list as charter agencies any advisory boards and commissions. The council has the power to establish such agencies. The Model provides that the mayor, however elected, shall be the presiding officer and a voting member of the council and shall perform certain specific duties which will enhance the mayor's role as policy leader. Section 2. 02. Eligibility, Terms, and Composition. a) Eligibility. Only registered voters of the city shall be eligible to hold the office of council member or mayor. Commentary. This section does not include length of residence requirements for city council candidates. In an era of great mobility in which people frequently live in one place and work in another, length of residence requirements lose what little validity they may once have had. A prospective council member need only be a registered voter of the city. b) Terms. The term of office of elected officials shall be four years elected in accordance with Article Vl. Commentary. The Model recommends four -year, staggered terms (§ 6. 03). Under this approach, elections of council members take place every two years. In the seventh edition, the Model listed concurrent terms as an alternative. However, a strong majority of cities today - 82. 6% of cities surveyed according to the 2001 ICMA Form of Government Survey have chosen staggered terms over concurrent terms to avoid dramatic changes in council composition at each election. The Model does not restrict reelection to subsequent four -year terms. Limiting reelection restricts the citizens'opportunity to keep in office council members of whom they approve. Unlimited terms allow voters to provide a vote of confidence for council members who represent majority sentiment 6° i i and a vote of opposition for members in the minority. Finally, the city benefits from the institutional memory of reelected council members. c) Composition. There shall be a city council composed of [ J members [ see alternatives below]. Commentary. The Model does not specify the exact number of council members but recommends that the council be small – ranging from five to nine members. If the mayor were elected by and from the council (§ 2. 03( b), Alternative I), there would be an odd number of council members. In the largest cities, a greater number of council members may be necessary to assure equitable representation. However, smaller city councils are more effective instruments for the development of programs and conduct of municipal business than large local legislative bodies. In the United States, it has been an exceptional situation when a large municipal council, broken into many committees handling specific subjects, has been able to discharge its responsibilities promptly and effectively. In large councils, members usually represent relatively small districts with the frequent result that parochialism and " log- rolling " —bargaining for and exchanging votes on a quid pro quo basis distract attention from the problems of the whole city. In determining the size of the council, charter drafters should consider the diversity of population elements to be represented and the size of the city. Alternative I — Option A —Council Elected At Large; Mayor Elected by the Council The council shall be composed of [odd number] members elected by the voters of the city at large in accordance with provisions of Article VI. The mayor shall be elected as provided in § 2. 03( b), Alternative I. Alternative I — Option B — Council Elected At Large; Mayor Elected Separately The council shall be composed of [even number] members elected by the voters of the city at large in accordance with provisions of Article VI. The mayor shall be elected as provided in § 2. 03( b), Alternative Il. Commentary. The Model continues to stress the value of the at -large principle in designing the composition of a city council, while recognizing the necessity of providing for representation of geographical areas under certain circumstances. In considering the appropriateness of using the at -large system, each city must assess its own situation. The at -large system has generally allowed citizens to choose council members best qualified to represent the interests of the city as a whole. Nevertheless, in larger cities, citizens may feel isolated from and unconnected to their government without some geographical basis of representation. Cities with significant differences in or conflicts 7  d i among ethnic, racial, or economic groups may wish to consider whether one of the alternative systems may achieve more equitable representation of the city's population and avoid legal challenges under the Voting Rights Act without sacrificing council effectiveness. Alternative II — Option A —Council Elected At Large with District Residency Requirement; Mayor Elected by the Council The council shall be composed of [ odd number] members elected by the voters of the city at large in accordance with provisions of Article VI. Not more than one council member shall reside in each district. The mayor shall be elected as provided in § 2. 03( b), Alternative I. Alternative II — Option B — Council Elected At Large with District Residency Requirement; Mayor Elected Separately The council shall be composed of [even number] members elected by the voters of the city at large in accordance with provisions of Article VI. Not more than one council member shall reside in each district. The mayor shall be elected as provided in § 2. 03( b), Alternative II. Commentary, A complaint frequently lodged against the all at -large council system is that a majority of the council may live in the same area of the city. This may give rise to questions concerning the equitable distribution of services with allegations that particular sections receive partial treatment. This objection can be met while still maintaining a council elected at -large by establishing districts of equal population and requiring that one council member reside in each district. Although this alternative builds geographical representation into an at -large system, depending upon the local situation, it may be subject to the same objections under § 2 and § 5 of the Voting Rights Act as Alternative I. Alternative III — Option A - Mixed At -Large and Single Member District System; Mayor Elected by the Council The council shall be composed of [odd number] of council members elected by the voters of the city at large and one member from each of the even -numbered council districts elected by the voters of those districts, as provided in Article VI. The mayor shall be elected from among the at -large members as provided in § 2. 03( b), Alternative I specifying that the mayor is an at -large member]. k Alternative III — Option B — Mixed At -Large and Single Member District System; Mayor Elected Separately The council shall be composed of [even number] members elected by the voters of the city at large and one member from each of the even -numbered council districts elected by the voters of those districts, as provided in Article VI. The mayor shall be elected as provided in § 2. 03( b), Alternative ll. Commentary. The mixed system for a council with members elected at large and members elected by and from districts has become increasingly popular since the U. S. Department of Justice approved it as a method of electing the city council that is compliant with the requirements of the Voting Rights Act. This makes the mixed method suitable in places where the at -large system has been challenged but where change to a single- member district system is opposed. The mixed system combines the citywide perspective of the at -large council members with the local concerns and accountability of district council members. It can allow minorities who live in concentrated areas to influence or even determine the outcome of elections in their districts. A problem can arise in mixed systems when at -large council members consider their position to be superior to that of district members and are perceived as rivals to the mayor. To prevent this, at- large and district council members should have equal status with respect to offices, services, and length of terms. Local preference should decide the ratio of at -large to district members. Opinion ranges from favoring a majority being elected at large to a majority being elected by and from districts. However, for jurisdictions concerned about scrutiny by the U. S. Department of Justice or the courts under either § 2 or § 5 of the Voting Rights Act, precedent shows a clear preference for the majority of the council to be elected by and from districts. Alternative IV — Single- Member District System The council shall be composed of an even number of members each of whom shall be elected by district by the voters in that district. The mayor shall be elected in accordance with the provisions of § 2. 03( b), Alternative Il. Commentary. If communities adopt the district system, the mayor should be elected separately by the voters of the city at large and not chosen by and from the council. This provides a necessary at -large element in an otherwise all district system. The growing recognition that membership on councils should represent all racial and ethnic groups more adequately has spurred increased use of the single- member district system. With racial 1 minorities concentrated in particular sections of the city, it is easier to elect minority council members. Also, because district campaigns cost substantially less than citywide campaigns, single - member districts can open the way for greater diversity among candidates.