02/10/1994 (2)
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CHARTER
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COMMITTEE,
MINUTES .
Date'
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CHARTER REVIEW COMMITTEE MEETING
February 10, 1994
The Charter Review Committee met at City Hall, on Thursday, February 10, 1994 at
7:00 p.m., with the following members present:
Gerald Figurski, Chairman
Jerry Lancaster, Vice~Chairman
Joe Evich
Kenneth Hamilton
AI Lijewski
Curlee Rivers
Tony Salmon
Karen Seel
Les Smout
Absent:
Anne Garris (excused)
Also present:
Mary K. Diana, Assistant City Clerk
e.-
.qrt:J The Chairman called the meeting to order and greeted Ruth Ann Bramson, the speaker
for tonight, Johnny Crawford, an intern from the University of South Florida, and
Commissioner Art Deegan.
Minutes of Februarv 2. 1994
Member Lijewski moved to approve the minutes of February 2, 1994 as submitted.
The motion was duly seconded and carried unanimously.
Presentation on Forms of Government
Chairman Figurski introduced Ruth Ann Bramson, president of Local Strategies, Inc.
Ms. Bramson said the issue of form of government is being discussed by many cities. She
submitted articles from the July 1993 issue of Governing Maoazine on the strong mayor form
of government and a retort to that article from the January 1994 issue of Public Manaoemen~.
She reviewed the various forms of government that are used by cities today and the
characteristics and features of the council-manager and mayor-council forms and the
arguments that their advocates make.
She stated the council/manager form of government is the most popular form and is
described as the one real contribution Americans have made to political theory. Since its first
adoption in 1 90B, this form has been adopted by 48 percent of cities with populations over
10,000. She said this form of government combines political leadership in the hands of
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~ elected officials with managerial expertise in the hands of an elected administrator. The
control of the government is concentrated in the hands of the elected members of the council.
The size of the council is generally smaller in council-manager governments than in mayor-
council governments. Elections are usually non-partisan. The mayor is recognized as the head
of the municipality and has significant symbolic and leadership responsibilities. Although
recognized as the political head, the mayor does not have the power to veto legislative
actions. The council is responsible for setting policy for approving budget and determining
the tax rate. The council hires a manager or administrator to carry out the policies and this
administrator serves at the pleasure of the council. Typically, the administrator has no tenure
and can be fired at will. The administrator has the responsibility to prepare the budget, direct
the day to day operations, hire and fire personnel and serves as the council's chief advisor.
The mayor-council form of government most clearly parallels the American federal
government. It is the form of government for the six largest cities and for 42 percent of cities
over 10,000 in population. The mayor is designated as the head of the city government. The
mayor's duties and powers generally include hiring and firing department heads, preparing and
administering the budget and veto power, which typically may be overridden by acts of the
legislature. The council has the responsibilities of adopting the budget, passing resolutions,
legislation, auditing the performance of government and adoption of general policy positions.
In some communities, the mayor assumes a larger policy making role and responsibility for day
to day operations; sometimes this is delegated to an administrator. Many of the larger cities
today are using a chief administrative officer who is appointed by the mayor and serves at the
mayor's pleasure.
l':%' Another form of government is the commission form which is used by approximately
3 percent of cities with a population over 5,000. It is the most common form of government
used in counties; approximately 77 percent of all counties use this form. Under this form,
there is an elected governing body with legislative and executive powers that has the
responsibility for adopting the budget, passing resolutions and enacting ordinances,
regulations, etc. A number of other officials are elected in this form such as the sheriff, the
tax collector, etc.
Two other forms in existence, generally in the northeast, are the town meeting and the
representative town meeting whereby representatives are elected and a large legislative body
runs the local government. These two forms are found in New England and in communities
with less than a population of 25,000.
Ms. Bramson noted there is an interesting mix in forms of governments throughout the
counties in Florida.
Member Evich asked if the delineation between council and commission forms of
government is the election of a chief administrator like the Mayor. Ms. Bramson said this is
part of it. She indicated many of the mayor-council forms of governments are hiring a chief
administrative officer who serves at the pleasure of the mayor whereas in the council-manager
form of government the council hires a city manager or chief administrative officer who works
for the council as a body. Member Evich asked if the mayor is also the chief executive officer
who has the final say under the mayor-council and Ms. Bramson indicated this was the case.
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f~ Member Evich asked if there are weak mayor-councils as opposed to strong mayor~councils.
Ms. Bramson said she did not favor this terminology indicating it was misleading. She said
there can be strong mayors under both forms of government.
Member Evich asked what is the normal tenure of a city manager under a very strong
mayor leadership. Ms. Bramson responded the national average tenure of a city manager is
4-1/2 years. She noted there are cities. such as Charlotta. that has had a city manager for
approximately 14 years with a succession of mayors. In response to a question, Ms. Bramson
responded Charlotte has a council-manager form of government.
Member Evich asked if it is typically more non-partisan in the council-manager form of
government as opposed to the mayor-council where there may be more party involvement and
patronage. Ms. Bramson responded one of the arguments for the council-manager form of
government is that the appointments are more professional.
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Ms. Bramson said supporters of the mayor-council form of government argue this form
is the most easily understood by the citizens and therefore can be used more effectively; it
is more democratic because it is the person elected by the citizens who runs the government;
it is more accountable because the accountability is more focused on an individual; the
political power of the city council is a big weakness in the council-manager form of
gove'rnment; the city manager ends up being the servant of the council who can be dismissed
at any time; and in the last decade the change from aHarge to single member districts has
caused a diminishment of true council management in government because the individual
council members have gotten stronger in their district identification. Ms. Bramson indicated
cities with mayor-council forms of government are going more toward hiring chief
administrative officers than a decade ago.
Member Evich asked if the mayor hires a chief administrative officer because of
political circumstances and to have a professional person to pass the blame to. Ms. Bramson
responded a great deal of buck passing occurs in politics everywhere but felt this would be
a hard case to make.
Mr. Lancaster felt a chief administrative officer is hired in order to have someone
competent to run the city.
Ms. Bramson pointed out those cities with a mayor-council government are also hiring
professionals each playing a different role.
She said that advocates of the mayor-council form of government would also argue
that under the council-manager form prOfessional managers are hired guns and feel local talent
is needed; a single powerful leader is needed who can forge coalitions by exchanging benefits
for support and can use their power to gain leverage over opponents; and more politics are
necessary to pull the diverse communities together. She said it is also said professional
managers are not responsive to community needs and when a mayor is elected
he/she should have the ability to fill the senior positions with people they feel will implement
the platform the mayor was elected on and who are going to be loyal to the mayor.
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,~ Member Hamilton asked if the mayor-council form tends to have a larger council. Ms.
responded this was the case. Member Salmon asked if this was because of the size of the
districts. Ms. Bramson indicated the counties in New York have an elected county executive
and their legislative bodies are much larger.
Ms. Bramson said supporters of the council-manager form of government argue that
a city is better off with a professional manager; a professional manager attracts more
professional staff; there is more stability in senior positions; the accountability is more
absolute; most of the winners of the National Civic's League All American Cities Competition
have been council-manager communities and every time minorities get into the loop the rules
change. Minorities are now getting elected to city councils and, therefore, there is a push to
move to a mayor-council form of government where the mayor is more likely to come from
some of the traditional power sources in the community.
Advocates of the council-manager form say this type of government leaves the mayor
and council free to focus on the big policy issues and not to be distracted by the day to day
operations. It makes it clear the mayor and the council have a policy role and the day to day
implementation of the administration is in the hands of a hired professional manager and staff.
The supporters of this form of government fill it is in step with the needs of today's cities.
It is said a mayor with a strong personality will be a strong mayor regardless of the form of
government.
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Ms. Bramson said there is a need for strong mayors, strong councils and strong
managers. She indicated we can have all three and there are cities that demonstrate this.
These advocates would also argue the council~manager form is the most efficient and that the
cost of government is reduced with competent management and that there are duplicate costs
in the mayor/council form; the mayor/council form is flexible and is shaped according to the
needs of the community and fosters citizen participation and the mayor/council form focuses
too much power in the hands of one person.
01
In closing, Ms. Bramson said a key point often made is that it is the individuals that
make any system work. She said the debate between these two forms of government will
probably be ongoing. She personally felt that good people committed to good government
is what makes communities work and said there are examples around the country where both
the mayor-council and council-manager forms of government are working well. She indicated
before any city changes its system of government it needs to be sure it is the system that is
broken.
, Member Lijewski felt the statements that the council-manager form of government has
more stability and the average tenure of the City Manager is only 4-1/2 years was in
contradiction. Ms. Bramson said she intended to convey, while the tenure is approximately
4-1/2 years, the argument often made is there will be more stability in the positions below the
city manager. In a mayor-council form of government when there is a change in
administration, often there is a significant turnover in the top positions when an election takes
place.
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~ Member Evich asked in a mayor-council form of government if there is a tendency'
toward full or parttime councils and if it is customary for the council to approve the mayor's
appointments. Ms. Bramson responded the appointments to the administration are typically
made by the mayor. She said in some cities certain senior positions come before the council.
Member Evich asked jf the only motivation for hiring professionals in a mayor-council
form would be a concession to the merits of a council-manager form. Ms. Bramson felt this
may be part of it but felt there is also a recognition that running a city today is a very complex
operation and not something one person can do. She said the recognition of professionalism
exists in both forms of government.
In response to a question, Ms. Bramson said it is more common in the council-manager
form to advertise nationally for a city manager and to hire from among individuals who have
worked for a number of cities bringing with them their education and experience.
Member Hamilton asked what would be the typical background for a city manager for
a city the size of Clearwater. Ms. Bramson responded virtually all city managers either have
degrees in public administration, political science, management or business. She said many
city managers will go from graduate training to an assistant city manager or an intern in a city
manager's office. Their career paths are going from the smaller cities to the larger ones or
some climb the ladder within one organization.
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Member Figurski asked how this contrasted with the managers in the mayor-council
form. Ms. Bramson said she has not done enough research in this area and indicated it is
much more common for a mayor in a mayor-council city to hire from within the community.
Member Figurski commented regarding 42 percent of cities in this country having
mayor~council forms of government. Ms. Bramson responded many of these cities are in the
northeast and tend to be the older cities and the smaller communities. She said the council.
manager is much less common in the northeast than in the southeast or southwest.
Member Figurski asked if it would be possible if the City of Clearwater had a city
manager working under a strong mayor to develop into the political situation that people
criticize a mayor-council form for. Ms. Bramson responded it depends on who is elected
mayor.
Member Evich asked what forms of government cities the size of Clearwater tend to
have. Ms. Bramson referred to an article in one of her handouts that addresses this and what
form of government predominates at a certain population level. She said in the population
ranges from 100,000 to 250,000, 31 percent had the mayor-council and 67 percent had the
council-manager.
Member Seel asked if the tax rate or budget increases have been tracked in the council-
manager versus the mayor-council. Ms. Bramson responded she has not seen data specifically
on tax rates but said there are financial magazines that rank cities with the council-manager
form of government close to the top.
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~ Member Figurski said it has been indicated the lIdream" government is a commission
who meets very few hours. sets policy and lets the professionals run the government. He
said he would expect to contact a commissioner in his area if he wanted something done and
would expect her/him to start making phone calls. He questioned whether it is possible for
this ideal system to operate. He felt if there is truly a policy setting commission who meets
very few hours a week and does not interfere with department heads, the power would be
in the city manager's hands who is not elected and who has no accountabiUty. Member
Hamilton felt he would certainly be accountable to the commission. Chariman Figurski felt
one of the advantages of council-manager government is the city manager is subject to the
will of the commission. However, he said getting her/him to leave can become a long
convoluted process. Ms. Bramson said a getting a city manager to leave a city does not
always become a long drawn out process.
Member Salmon questioned whether the committee was equating the word "strong"
with the word "good. II
Member Lancaster said he would argue in the council-manager form of government
that you could call a city official to get something done without going through the political
process.
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Member Seel felt a lot of attention has been paid to management issues and very little
attention has been paid to government issues and to how governing boards, both private and
public, function. She said the role and function of policy making boards is not well
understood.
Member Evich felt the city manager tenure turnover of 4-1/2 years in the council-
manager form of government did not demonstrate a continuity of professionalism indicating
it took at least 3 years to become acclimated. He asked if this turnover was due to the
commissioners firing, asking for resignations or because the administrator is furthering his
career by moving forward. Ms. Bramson said one reason is a shift in the make-up of the
council. an election. He asked whether changing the administrator could be a campaign
matter and Ms. Bramson responded she has rarely seen the administrator a big campaign
issue. Citizens are concerned about services and issues rather than who the manager is.
Member Smout asked if Ms. Bramson's statement pertained to both major types of
government and she responded just the councilMmanager form because in a strong mayor
government the understanding is clear the mayor will bring in his own staff.
Member Hamilton asked if the mayor-council form of government is typically partisan
and Ms. Bramson responded this was usually the case. She said most of her work is in
council-manager cities indicating she tends to lean in that direction.
Member Smout referred to senior staff having a longer tenure in the council-manager
form of government. Ms. Bramson responded hiring will involve national searches for filling
department head positions. Member Smout asked how far down the ranks does the mayor
appoint in the mayor-council form. Ms. Bramson said this would depend on the personnel
system. She said often it goes to the department head and maybe a layer below.
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f~ Member Salmon felt the three levels created by the mayor/council form of government,
a mayor, a council and an administrator, would create more problems.
Member Evich asked if the mayor-council form of government is more expensive to
operate. He asked if there are other cities that have changed to the mayor-council form and
if their costs have escalated in terms of salaries and staff. Ms. Bramson said she has heard
this is the case and felt more research is needed. She referred to Jim Svara, North Carolina
State University whose field is in these two major forms of government and how they
operate; she also mentioned George Fredrickson, University of Kansas.
Member Seel asked if there is now a trend starting across the United States toward
the mayorMcounci! form of government. Ms. Bramson responded there has been increased talk
regarding this by the larger jurisdictions that have had the council-manager form of
government, such as Dallas. However, the statistics show a continued increase in the number
of cities that have council-manager form.
Chairman Figurski noted the International City Managers Association has indicated that
out of all new governmental units formed in cities, 99.9 percent is the council-manager form.
Member Salmon asked if there has been any indication what is in is not working and we
should try something different. Ms. Bramson said when we encounter frustration, sometimes
it is easier to change structure avoiding the real issues.
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Member Hamilton pointed out when the City of St. Petersburg changed to the mayor-
council form, there was a situation of turmoil; however, he said he would not classify
Clearwater at that level of turmoil. He said there have been changes over the past year with
the Commission that might raise these issues in the eyes of the public. He felt we need to
look at whether the form of government or what is before the government is the issue.
Member Lijewski noted the position of City Commissioner has turned into a full time
job.
Member Lancaster said in his opinion the average citizen in Clearwater is not as
frustrated as the Commissioner. He felt there were problems the Commission needed to
resolve amongst themselves.
Member Evich said the Commissioners have been asking the hard questions that maybe
have not been asked in the past. He asked if the political power is diffused, how do single
member districts become meaningful. Ms. Bramson said those who are critics of the council-
manager form have said the predominance of single member districts have caused council
members to become more focused and connected to their district and forming a consensus
on the council has become more difficult. She pointed out what has been seen over the last
decade with single member districts are more diverse candidates, minorities and women. She
felt single member districts bring more of a focus on districts and neighborhoods.
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MINCRC2B.94
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Member See I asked what the ideal number of Commissioners would be for a city the
size of Clearwater and Ms. Bramson said she did not feel she could respond.
Member Salmon felt single member districts were going to be an issue and asked if
there was anyone that could be recommended to speak on the pros and cons. Ms. Bramson
mentioned Lee Moffitt and Susan McManus, professor at the University of South Florida.
Member Rivers asked if Hillsborough is a single member district and Ms. Bramson responded
it was.
It was noted Clearwater has a system in place that requires a simple majority at two
consecutive meetings to remOVe the city manager. It was questioned if this is typical and Ms.
Bramson responded it was very typical.
Ms. Bramson distributed an article on the structure of municipal governments.
. Member Salmon suggested starting at the beginning of the charter and working
through it with the last 30-45 minutes of each meeting being spent inputting ideas for the
next meeting.
Member Lancaster felt the form of government needs to be resolved first.
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Member Evich agreed indicating there are also a lot of major issues and policies that
neod to be discussed.
Member Hamilton agreed and felt the committee could meetthe Commission's deadline
for finishing their review; however, said the issues need to be brought out. He noted if the
form of government is changed, the charter will need to be rewritten.
Member Evich questioned how the rewrite would impact staff's workload and it was
indicated a major amount of time would be spent in rewriting and it would still need to go to
the Commission for their approval. Member Evich wondered if it would be appropriate to poll
the Commissioners to see what their feelings are regarding form of government.
Member Salmon asked whether it was premature to get the committee's views on form
of government. Member Hamilton found this to be a good idea; however, said he would like
to first review aU the information he has received.
I
Member Lijewski said he has a strong predisposition of staying with the present council
form assuming he does not find something to change his mind. The majority of the
committee agreed.
Chairman Figurski asked those of the committee who have not distributed their list of
issues to send them to Sue Diana who will forward them to the Chairman. He said he will
then prioritize the issues and bring them forward.
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MINCRC2B.94
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Member Evich noted the majority consensus of the committee was to stay with the
current form of government and asked their input as to what might change their minds.
Member Lijewski said he liked the Commission spending more time like they are
currently doing. He felt their salaries should be increased. He liked the accountability and felt
there were no political attachments.
Member Lancaster felt the City of Clearwater is well run, the majority of the citizens
are satisfied and the services are good.
Member Hamilton said the system is not as broken as the political situation or the press
make it out to be. He said he likes a contil')uity of staff. He felt a mayor-council form of
government would create job changes and would create turmoil.
Member Salmon cited the federal government as an example of why he did not support
a mayor-council form of government. He said it is not the system but the people who work
in the system that make the difference.
Chairman Figurski felt a decision regarding form of government should not be made
until citizen input is solicited.
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Mel'!1ber Smout said he has been a resident of Clearwater for 17 years and is
comfortable with the current form of government. He said the City has a good financial
record. He felt the system was based upon the quality of people. He expressed concern in
one person having a disproportionate amount of power.
Member Salmon said he would like to obtain some information on single member
di'stricts.
Chairman Figurski requested the Florida League of Cities be contacted for a survey of
cities as to the forms of government.
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9
2/1 0/94
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Discussion of Meeting Times
Discussion ensued in regard to meeting times as Member Hamilton had a conflict with
Thursday nights. Meetings were scheduled for Wednesday, February 23, 1994, Wednesday,
March 2, 1994 (public hearing); Tuesday, March 15, 1994, and Tuesday, April 26, 1994 at
7:00 p.m.; and Wednesday, April 6, 1994, at 4:00 p.m.
There was discussion regarding how the Commission will view and handle the Charter
Review Committee's recommendation regarding form of government if they are looking to go
in another direction.
The meeting adjourned at 9:15 p.m.
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10
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