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HomeMy Public PortalAboutOrg chart paperNovember 18, 2004 CITY OF CALDWELL'S PRESENT MANAGEMENT ORGANIZATIONAL CHART GENERAL PUBLIC MAYOR COUNCIL ATTORNEY PUB WORKS DIR HR/CITY CLERK POLICE CHIEF FIRE CHIEF COMM DEVELOPMENT DIR FINANCE DIR CITY OF CALDWELL'S INTERIUM MANAGEMENT ORGANIZATIONAL CHART WITH A CITY ADMINISTRATOR GENERAL PUBLIC MAYOR COUNCIL ATTORNEY CITY ADMINISTRATOR PUB WORKS DIR HR/CITY CLERK POLICE CHIEF FIRE CHIEF COMM DEVELOPMENT DIR FINANCE DIR CITY OF CALDWELL'S MANAGEMENT ORGANIZATIONAL CHART WITH A COUNCIL MANAGER FORM OF GOVERNMENT GENERAL PUBLIC CITY MANAGER MAYOR /COUNCIL ATTORNEY PUB WORKS DIR HR/CITY CLERK POLICE CHIEF FIRE CHIEF COMM DEVELOPMENT DIR FINANCE DIR November 13, 2004 Prepared by Steven Hasson Public Administration Assessment 600 Dr. Leslie Alm — Fall 2004 Examination of the City of Caldwell's Mayor -Council Form of Government The City of Caldwell is a fast growing municipality with a population of 35,000 citizens, located 13 miles due west of Boise City in Canyon County, Idaho. This paper examines the City of Caldwell's mayor -council form of government and particularly its administrative functions that are currently invested with the mayor. The paper considers the administrative advantages that may result from the Caldwell electorate changing the mayor -council form of government to a council-manager form in a two-step process. Further, the paper provides a road map of what the management model looks like before, during and after this administrative transition. This paper advances the position that a gulf of liability is forming between the mayor's administrative ability and the municipality's increasing complexity because of exponential population growth complemented with a weak government structure that it inherent in the mayor -council form of government. This paper suggests that there are three factors, when considered collectively, prompt the need for Caldwell's electorate to consider changing their government structure, to include the installation of a hired professional administrator. These factors are: the city's phenomenal population growth, a government form that by its structure has inherent management weakness and the diminishing administrative capacity of the mayor to directly oversee the municipal operation as it becomes more complex. This paper does not predict when the government restructuring will occur, or if it will, rather its purpose is to identify factors that are likely to bring about change. Unfortunately, change in government structure is often preceded by some scandalous action by a prominent public figure, rather than the product of some proactive pursuit. 1 Each of these factors will be evaluated separately; the first of these relating to the population growth's impact on the management structure. Growth Impact The primary catalyst behind the consideration to evaluate an alternative government form, to include the appointment of a city administrator or manager results, in part, from the tremendous amount of growth that Caldwell and Canyon County are experiencing now and likely for the foreseeable future. According to the United States Census Bureau, the City of Caldwell grew 40 percent between 1990 and 2000.i Since 2000, the City has grown at a rate of 6 to 8 percent per year. This number is quite disproportional to the average nationwide municipal growth rate, which is closer to two percent per annum. To place this population growth into perspective, consider the fact that Caldwell is approximately 16.4 percent (1/6th) the size of Boise City, according to the 2003 census estimate, yet its single-family building permits activity (a good indictor of its growth potential) was 88 percent of that of Boise's in 2003. z At present, the United States Census Bureau recognizes Caldwell as the fourth fastest growing city in Idaho when compared to the other 202 cities found in this state. According to a 2003 demographic study, conducted by Dale Rosebrock of Intermountain Demographics; the city of Caldwell is projected to grow to 60,000 by 2020 and 70,000 by 2025. a These are remarkable levels of growth when compared to the nation's present annual population growth rate of 0.92 percent for 2004. a The City is anticipating 500,000 citizens at build -out, based on its present population forecast derived from population densities associated with the City's land area and its current land use zones. Based on demographic projections, the City is 2 likely to grow faster than other Treasure Valley Cities in the coming years. This faster growth rate is determined, in part, based on an assessment of the City's ethnic makeup, which includes a large Hispanic Community that statistically tends toward larger sized families. Even though the city is confronted with the need to provide a service delivery schedule commensurate with this exponential growth curve, the staff and resources available to accomplish these tasks are limited by an approximate three (3) year delay in cash flow. The delay results from the timeline necessary to take a land use development from start to completion and then get it on the tax rolls and collect the associated property taxes. This need to accommodate development demands with limited resources and revenues collected on a time delay basis adds to the city administration's woes. Generally, as city's grow larger, the public service delivery issues become more complex and particularly in the area of specialized services, budget, personnel, infrastructure, legal, environment and other public health, safety and welfare needs, to name a few. Adding to the City's service delivery complexity, is the fact that many of those moving to Caldwell are coming there from larger urban areas where the local government provides for many more public services than are provided in Caldwell. Thus, the constituency is increasing concerned about the level of service delivery as well as the menu of services offered. Even if the Mayor and Council determine to privatize or contract out certain City services as a mitigation strategy to lessen the administrative burden as the City grows, by state statute, the ultimate oversight responsibility for publicly related services is 3 vested with the City authority. Thus, the municipality cannot eliminate its administrative exposure in total by delegating services to those independent contractors who perform work on the City's behalf. A government form that has inherent management weakness The City of Caldwell has a mayor -council form of government that it has relied upon to provide municipal services since it was incorporated in 1890. At present, the government is operated by a mayor and six city council members elected at large. Under this mayor -council form of government, the city council serves as the legislative authority and the mayor serves as the city's chief administrative official. The mayor gains his or her power from legislation passed by the Idaho State Legislature that is codified in Idaho Code. s The mayor's powers are vast under the mayor -council form of government and include police, general, veto and administrative powers. Among the mayor's administrative powers is the authority to, "have the superintending control of all the officers and affairs in the city (see Idaho Code 50-602)". It is this statutory authority where the mayor derives the capacity to serve as the chief administrative official of the city. The mayor has the ability to assign this responsibility to another person(s), but that action does not relinquish his or her management authority or overall city administrative responsibility. The qualifications to serve as a city mayor are outlined in Idaho Code, section 50 chapter 4. According to the provisions of that chapter, "any person shall be eligible to hold the office of mayor who is a qualified elector of the city at the time of election." This means that every male or female of the United States, eighteen (18) years old, who has resided in the city for a minimum of thirty days is qualified to serve as mayor (see 4 Idaho Code 50-413) and provided, they have not been disqualified as an elector as noted in article 6, sections 2 and 3 of the Idaho Constitution (see Idaho Code 50-412). Thus, the elected mayor in a mayor -council form of government does not need any previous experience managing a government, nor does this person have to posses any education, public related credentials or knowledge about government operations in order to step into the city's top administrator position. Immediately upon taking the oath of office, the mayor becomes responsible for administering the operation in its entirety to include all management oversight. A mayor assuming office in the City of Caldwell becomes the administrator of a forty (40) million dollar a year operation, the manager of 250 city employees and responsible for all of the city's programs and services and again, regardless of administrative or public experiences. s Max Weber would likely argue that the mayor does not need qualifications as, "the elected official derives his power from below [from the people]." However, he would agree that, "office management is a vocation based on training and examination" and thus should be administered by a person with capacities derived through special learning.? The position of mayor is not limited to the role of administrator, rather that position requires the holder to serve on a host of boards and commissions and to frequently embrace activities that take them away from city hall (and the day to day administrative role); and increasingly so, as the City becomes larger and more complex. When the City's mayor -council government form is evaluated from a historical perspective it becomes apparent that its administrative framework has produced an inefficient and ineffective instrument for rendering public services to the constituency on 5 a continuous basis. This assertion is based on information conveyed by various residents of the community who remember mayors who treated the organization as a fiefdom, others who exploited it for personal gain and those who reduced its momentum or reputation for a host of reasons and mostly for actions that were self-serving in nature.a Now, add to that concern, the inability of the mayor to provide the administrative oversight necessary to insure big picture coordination because the duties of office spread his or her capacities way too thin. Because of the mayor -council form of government has inherent management weaknesses (by virtue of there being no professional criteria for serving as mayor), Caldwell citizens have had to withstand the financial and reputational impacts arising from those elected individuals who have from time -to -time abused their office or were otherwise inept at managing the operation. As a consequence, Caldwell has attained an unfavorable reputation, reflecting on past government actions whose genesis can be traced to a lack of professional management capacity necessary to operate such a complex operation. 9This liability reflects on the fact that those who have been elected to direct management oversight, with few exceptions, had limited public service knowledge because their credentials were based on reputation, rather than acquired from other public sector experiences or through education and training. Accordingly, if we evaluate Caldwell's mayor -council form of government over the past 110 years, there is evidence to suggest that this form of government, with respect to administrative responsibility, has been a hit or miss proposition, limited to the knowledge and capacities of those serving in these public management roles. 6 The diminishing administrative ability of the mayor to directly oversee the municipal operation Finally, let us examine the mayor's administrative role. The mayor is the City's top administrator who is supported in that capacity by six appointed administrators whose job descriptions require them to possess significant training and knowledge about their area of government expertise. These six individuals are appointed by the mayor and confirmed annually by the council. Because the mayor's management oversight ability continues to spread thin, more frequently, the management authority transfers to the six appointed individuals who rely upon their knowledge and expertise to determine the best method(s) of providing public services. These administrators provide management oversight according to their management style, relying on the mayor to assume the big picture coordination. io At present, these appointed officials attempt to keep one another informed about the challenges affecting their portion of the operation, to the extent possible, and particularly if there is management overlap. But with lesser administrative oversight (from the mayor) these appointed administrators have less impetus to act in a coordinated fashion. This lack of overall administrative coordination is likely to amplify turf barriers, increase the potential for duplication of services, reduce economies of scale and decrease the probability of overall interdepartmental engagement unless it is reconciled. Yet, the mayor has not appointed any of these officials to serve as city administrator to provide direct management oversight in his absence. Accordingly, the 7 mayor's ability to serve as the City's top administrator diminishes without anyone to directly compensate in that capacity for his absence. Resolution Question: What is the resolution to this perceived management disparity resulting from these three factors? Answer: As a short term management strategy, the mayor should consider appointing a city administrator to provide the day-to-day management continuity. As a long term management solution, the electorate should adopt a council-manager form of governance, to include the appointment of a city manager. It is possible that the replacement of a council -mayor form of government with a council-manager one may improve the City of Caldwell's efficiency and effectiveness as it grows in size and complexity. Council - Manager Form of Government The council-manager form of government is designed to combine the strong political leadership of elected officials with the managerial experience of an appointed government manager. This form of entity establishes a representative system of governance where all power is with the elected council (the legislative body) who hire a professionally trained manager to oversee the delivery of public services. Under this type of government, the council members are the decision makers who concentrate on policy issues intended to be responsive to citizen's needs and wishes and the manager is the person entrusted to carry out policy. Because political power is conferred upon the entire governing body, instead of vested with one elected official (the mayor) more individuals have the capacity to be elected and influence public policy decision -making. 8 Thus, all council members have equal rights, obligations and opportunities to serve their constituencies under this alternative government form. ii The city manager makes policy recommendations to the council who may adopt or modify them as necessary to accommodate their political constituencies. The manager also prepares the budget, recruits, hires and supervises the government's staff and serves as the council's chief advisor and carries out their policies. The city manager is hired based on training and public sector experiences in administering local government projects and programs. Accordingly, the manager's responsibility is to provide complete and objective information for the council's consideration. 12 According to the International City -County Management Association (ICMA), a competent city manager can reduce operating costs, increase efficiency, improve revenue collection and the effective use of new technologies. Because the city manager serves at the pleasure of the council, control over their actions is always with in the hands of the elected representatives of the people. Evolution of the Council -Manager Form of Government The council-manager form of government is a recent phenomenon. Its genesis is the Progressive Reform Movement that occurred in America in the early twentieth century in response to the frustration that citizens were then expressing about corruption engulfing city government. At that time there was widespread corruption, graft, and nepotism among U.S. Cities. Reformers were looking for ways to return local government control to citizens and came up with the council-manager form of government as a means of possibly eliminating corruption by tying the governing administration to standards of professional training and accountability. 13 9 In 1908, Staunton, Virginia was the first city in the United States, by ordinance, to establish the broad power and authority of the city manager position. Sumter, South Carolina was the first city that incorporated into their charter the basic council-manager principles of government. Dayton, Ohio was the first large city to entertain this form of government in 1914.14 According to measurements provided by the International City -County Management Association, an average of 63 U.S. communities have opted for this form of government each year for the past 16 years, making it the most popular and fastest growing type of government in the United States in communities with populations of 5,000 or more (3,625 cities have this model). At present, 53 percent of America's municipalities with populations over 5,000, representing 75.5 million individuals, have a council-manager form of government. 15 Creating a Council -Manager Form of Government in Idaho If an Idaho City decides that it is interested in the council-manager form of government it must follow the provisions of Idaho Code found in Section 50, Chapter 8 to bring about that action. The proposition must be brought before the voters at either a special election or a general election. If the proposition receives a favorable vote then another election is held within sixty days for purpose of electing new council members. The newly formed council may either appoint a mayor from its ranks to serve a two-year period or adopt an ordinance providing for the direct election of the mayor by the voters. If the council opts to choose a mayor from its ranks, then one of the council positions is eliminated. The power of the mayor is greatly reduced under this form of government and particularly with respect to administrative powers. Section 50-810 10 identifies the powers of the mayor under the council-manager form of government advising that, ...[the position of mayor] "shall not be construed as conferring upon him the administrative powers or functions of a mayor under the general laws of the state." Thus the mayor becomes at best, "first among equals under this form of government. " To compensate for the diminution of the mayor's administrative powers the council is obligated under this form of government structure to appoint a city manager to be the chief administrative officer (CAO) of the city government under their direction and supervision. That person shall hold office at the pleasure of a majority of the council members. Thus, the appointed city manager is supervised by the council as a body, not by the mayor individually. The appointed manager has general supervision over the business of the city. Least there is any doubt about their duties and authorities; they are spelled out in Idaho Statute Section 50-811. Among the 10 duties listed there is the directive that this person..."possess such powers as are vested in the mayor as provided in section 50- 606." In other words, the administrative duties that are enjoyed by a mayor under the mayor -council form of government are conferred upon the city manager under the council-manager form of government. Once the electorate institutes a council-manager form of government it can only be discontinued by the people after it has been in operation for a period of six years. Manager -Council form of Government in Idaho Even though the manager form of government is the most popular form of government structure in the United States, enthusiasm for this model has yet to take hold in Idaho. At present, there are only 3 cities in Idaho, which have chosen this 11 alternative form of government, these being the cities of Lewiston, McCall and Twin Falls. The City of Pocatello had this from of government for several years but voted it out in favor of returning to the mayor -council form. As part of this review, I spoke to the city mangers of all three Idaho Cities who endorse this government form, these individuals are: Tom Courtney, Idaho Falls; Jan Vasser, Lewiston and Lindley Kirkpatrick, McCall. I asked them what were the benefits of this form of government? In response, Tom Courtney said that Idaho Falls went to a council-manager form of government because they wanted a professional person to conduct the day-to-day affairs of management so that they could focus on long-range vision and broad public policy issues. He said that a professional manager provides management continuity because city councils come and go. He noted that the council -manger plan is modeled after the American corporation with the council serving as equivalent to a board of directors of a private corporation, the mayor serving as the chairman of the board, the city manager as the corporate executive officer and the citizens representing the stockholders of the corporation. He said that by contrast, the mayor -council form of government is modeled after the elected branches found in the U.S. constitution. Mr. Courtney noted that a very important reason for applying this form of government relates to the apolitical posture that the city manager assumes in this role. 16 Jan Vasser observed that a difference between these two forms of government is that the mayor -council model is likely to commingle the political and the administrative roles, whereas the council-manager form separates them out. She added that because this form of government evolved out of the Reform Movement the city manager is not to 12 engage in partisan political activities that would impair the professional administration. Likewise, the council is to refrain from politically interfering in administrative matters. Ms. Vasser said that she is relied upon for solid recommendations that are politically neutral and based upon her professional experience and knowledge. Thus, she is free to offer the council options for them to entertain that are not tied to political considerations. The Council is free to take her decisions and blend them with citizen input (political consideration) to arrive at policy decisions. 17 Ms. Vasser's view is consistent with Woodrow Wilson's observation that, "the field of administration is the field of business... it is separate from political life...administration lies outside the proper sphere of politics." is By contrast, Deborah Stone would assert that, "the disciplines [like ICMA] have attempted to rescue public policy from the irrationalities and indignities of politics hoping to make policy, rational, analytic and scientific." In her mind that is not possible because, "reasoned analysis and politics are inextricable and necessarily interdependent." is Lindley Kirkpatrick said that an important consideration for moving to the council- manager form of government is the structural weakness that he believes is inherent in the mayor -council form of government. He noted that a mayor could be elected to oversee the city budget when their only qualification for that important role is meeting the minimal criteria necessary to be on the ballot and elected based on some theme or motive. Mr. Kirkpatrick observed that a business enterprise would never hire someone in that fashion and entrust him or her with management oversight responsibility when they have no prior experience. He added, it is difficult to have a successful business run by and amateur and noting that the public wants a government agency to be run like a 13 business. He also noted that because he serves at the pleasure of the council and his performance is measured twice a month, as opposed to a mayor whose performance is measured by the electorate every four years. Accordingly, he is subject to a lot more direct public accountability than the mayor. zo References 1. Census information on Idaho from U.S. Census Bureau http://quickfacts.census.gov/gfd/states/16000.html 2. City of Caldwell building codes department 2003 annual building permit activity report. 3. Rosebrock, Dale. October 24, 2003. City of Caldwell Population Estimate and Forecasts. Available from City of Caldwell Community Development Department. 4. U.S. annual population growth from U.S. Central Intelligence Agency http://www.ciagov/cia/publications/factbook/geos/us.html 5. Idaho Statutes and specifically Title 50, the portion of code that addresses issues associated with municipal corporations can be found at http://www3.stste.id.us/idstatfT0C/idstTOC.html 6. City of Caldwell statistical information from Caldwell Mayor's office. 7. Shafritz, Jay M. and Hyde, Albert C. 2003. Classics of Public Administration, 5th Edition. Section 1, Chapter 7, Bureaucracy by Max Weber. Wadsworth Publishing Company Belmont, California. 8. A good source of information on the Caldwell Mayor's office is Betty Jo Keller who served as City Clerk for nearly 30 years until her retirement in 2002. 9. This is the author's assessment based on personal observation, complimented with day-to-day contact with the Caldwell constituency. 1 O.Ibid. 11. Information on Council-manager form of government provided by the International City/County Management Association. Http://www.icma.org. 12.Ibid. 13. Information about the Progressive Era Movement comes form a website dedicated to the subject found at http://www.u-s-history.con/pages/h1061.html 14. International City/County Management Association. Http://www.icma.org. 15.Ibid. 16. Courtney, Tom. Telephone interview. 25 October 2004. 17. Vasser, Jan. Telephone interview, 26 October 2004. 18. Wilson, Woodrow. 1887. The study of administration. Political Science Quarterly, 2, p.197-222. 19. Stone, Deborah. 2002. Policy Paradox: The Art of Political Decision Making, Revised Edition. 20. Kirkpatrick, Lindley. Telephone interview, 26 October 2004. 14