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

Committee recommends the addition of a CAO to all types of mayor -council governments. How the CAO is appointed and the responsibilities of the position are determined by which of the two optional approaches is taken to dividing authority between the mayor and council. To provide background information, each of these questions is discussed in more detail. Then the optional approaches and an assessment of them are presented. A. How is authority divided between the mayor and the council? There are several broad patterns of dividing authority in mayor- council cities. Although these cities are commonly divided into " strong mayor" and " weak mayor" variations, this two -way division is misleading. Some cities have a strong executive and clearly separated powers, and some have true " weak" mayor governments in which the authority is extensively fragmented and assigned to the mayor, council, and other officials. Most cities, however, have both separated and shared powers between the mayor and the council. Thus, distinctions can be made between the strong mayor, the " standard" mayor- council, and the weak mayor subtypes of the mayor- council form. Each of these patterns has a different internal logic. 62 I  The first pattern is the original reform ideal of a strong elected executive with centralized authority. In this approach, the mayor is a strong chief executive officer who provides the functions filled by the city manager in the council- manager form of government. This " pure" strong mayor approach clearly divides powers between the mayor and the council. If there is a CAO, this official is an extension of the mayor' s office. This approach is used in approximately one -quarter of the 2 mayor -council cities . For simplicity, this subtype of the mayor- council form is called the strong mayor- council or strong mayor -CAO- council form, depending on whether a CAO is present. In the latter label, the CAO is placed next to the mayor to signify the close connection between the mayor and the CAO. In sum, the strong mayor type is characterized by clear separation of powers and substantial independent authority for the mayor. The second pattern is based on separated and shared authority between the mayor and the council. This is the standard mayor- council pattern in the sense that it is used by a large majority of The mayor has separate executive authority but major decisions are either mayor- council cities.' proposed by the mayor and approved by the council or made jointly by the mayor and council. When the mayor proposes and the council approves, the approach is similar to the " advice and consent" authority of the Senate in handling nominations by the President for Supreme Court judges or cabinet secretaries. In other cities in this pattern, the mayor and council make major decisions jointly. If there is a CAO in these cities, this official is nominated by the mayor and approved by the council or chosen jointly. Potentially, this official serves as a bridge between the mayor and the council. For simplicity, this subtype of the mayor -council form is called the mayor- council or mayor -council -CAO form. In the latter label, the CAO is placed after both mayor and council to 2 signify the mutual responsibility the CAO has to both sets of officials . In sum, the standard mayor - council form is characterized by a combination of separated and shared powers. Commonly, the staff support and organizational authority of the mayor and the high visibility of the office make the mayor the recognized leader of city government. Still there is less independent authority concentrated in the mayor' s office than in the strong mayor type. According to the 2001 Form of Government ( FOG) Survey of the International City Management Association, thirty -eight percent of cities over 2, 500 in population use the mayor -council form. Of these, the mayor has separate authority for appointing department heads and preparing the budget in fifteen percent of the cities and controls one function and shares the other in another eight percent. Thus, twenty -three percent of the cities have more or less strong mayors. Using somewhat different criteria, Steve Leach and Donald F. Norris, " Elected Mayors in England: A Contribution to the Debate," Public Policy and Administration, 17 Spring, 2002), pp. 30 -31, report similar findings based on 1996 data —twenty -seven percent have budget and staff appointment authority alone or shared with a CAO as well as veto authority. Only 1. 8% of mayor - council cities have " very strong mayors." In the 2001 FOG Survey, the mayor shares the exercise of authority for appointing department heads and preparing the budget with the city council in forty-three percent of the mayor -council cities. Finally, in thirty - three percent of the cities, the council or other officials are responsible and the mayor has no separate authority. 2 In cities that have a CAO in 2001, the mayor and council appointed the CAO in forty -four percent of the cities and by the council in thirty-nine percent. The mayor alone appoints the CAO in only sixteen percent of the cities. Although appointment by the mayor is much more common in cities over 100, 000 in population, even in these cities the mayor has sole appointment authority in less than half the cases. 63  The term weak mayor- council is reserved for cities in which there is substantial fragmentation of authority. Beyond separated and shared authority between the mayor and the council, there are other features that divide authority widely. These include direct election of certain department heads or commissions and the assignment of independent policy-making authority to some commissions. A committee that is controlled by neither the mayor nor the council may formulate the budget. This is the kind of structure that was common in the late nineteenth century. The early municipal reformers sought to overcome the extreme decentralization that characterizes it. Although it is based on the premise that extensive checks will prevent excessive concentration of power and direct election of many offices will promote democratic control, in practice many weak mayor cities functioned poorly and it was difficult to pin down who was responsible for problems in performance. It is difficult to estimate how many cities still use these approaches, but the proportion 3 is fairly small. B. Should the mayor- council city have a CAO? An increasing proportion of cities have added a central administrative position occupied by a 4 CAO to their governmental structure. Experience has demonstrated that it is beneficial for cities to have an administrative officer. This officer can offer assistance to the mayor in filling the executive responsibilities such as preparing the budget. The officer will provide central coordination of administrative functions and may also assist the council in handling its policy-making authority. Adding a chief administrative officer to city government is consistent with the longstanding reform principle of providing for both political and professional leadership. A central administrative official is able to, contribute to sound governance as well as directing service delivery. Professional managers serving elected officials and the public bring distinctive values that enrich and elevate the governmental process in both policymaking and service delivery. These professional values include the commitment to basing policy and service delivery on need rather than demand, to stressing the long -term interests of the community as a whole, to promoting equity and fairness, to recognizing the interconnection among policies, and to advancing citizen participation that is broad and inclusive. There are benefits from having a professional chief administrator who channels these values into the governmental process at the highest and most general level through interactions with both the mayor and the council. There are other advantages as well. It is difficult to find candidates for mayors who are equally adept at providing both political and also administrative leadership to city government. It is also hard for voters to assess the administrative capabilities of candidates before they have served in the mayor' s office. Mayors ( except in the largest cities), unlike new presidents and governors, are not supported by large transition teams. Nor can they persuade prominent leaders from the public and private sectors to accept key appointments for the duration of that executive' s administration. Adding administrative assistance through a CAO helps to solve these problems. The office of CAO builds into the charter a support position for the mayor and institutionalizes the professional coordination of the departments of city government. In 2001, fourteen percent of mayor -council cities elected some or all department heads. A finance committee for formulating the budget appears to be used by approximately three percent of cities. a In 2001, fifty -six percent of the mayor -council cities over 2, 500 in population have a CAO or equivalent position. City administrator is another common title. OVA R  Recommended Structures in Mayor- Council Cities To clarify responsibility and clarify the governmental process, mayor- council cities should assign policy-making, executive, and oversight authority to the mayor, council, and CAO. Practices associated with traditional weak -mayor forms should be eliminated. These practices include direct election of department heads and commissions, appointment of administrative officials by commissions, having a body other than the mayor and council formulate the budget ( e. g., a board of finance), and assigning other policy- making authority to commissions. The preferred approach in mayor- council cities is to promote shared authority between the mayor and the council along with the separation of powers that defines the mayor- council form. In the shared authority mayor- council cities, both the mayor and the council play an active role. The alternative approach is to have a strong mayor with greater separation of powers between the mayor and the council. In the strong mayor- council cities, leadership is concentrated in the mayor' s office and council reviews and approves the mayor' s recommendations. In both options, it is recommended that provisions be made for the appointment of a CAO in a manner consistent with the overall division of authority between the mayor and the council. In the shared authority mayor -council cities, the CAO is nominated by the mayor and approved by the council. This official serves as a bridge between the two sets of officials and is assigned administrative responsibilities. In the strong mayor -council cities, the CAO is appointed by the mayor and provides professional assistance to the mayor. Option 1: - Mayor-Council- CAO government This option is based on