With all the discussion of who has "power" I wondered what the state statutes had to say.
19-646. City manager; powers; duties.
The powers and duties of the city manager shall be (1) to see that the laws and ordinances are enforced, (2) to appoint and remove all heads of departments and all subordinate officers and employees in the departments in both the classified and unclassified service, which appointments shall be upon merit and fitness alone, and in the classified service all appointments and removals shall be subject to the civil service provisions of the Civil Service Act, (3) to exercise control over all departments and divisions thereof that may be created by the council, (4) to attend all meetings of the council with the right to take part in the discussion but not to vote, (5) to recommend to the council for adoption such measures as he or she may deem necessary or expedient, (6) to prepare the annual budget and keep the council fully advised as to the financial condition and needs of the city, and (7) to perform such other duties as may be required of him or her by sections 19-601 to 19-648 or by ordinance or resolution of the council.
16-319. City attorney; duties; compensation; additional legal assistance.
The city attorney shall be the legal advisor of the council and city officers. The city attorney shall commence, prosecute, and defend all suits and actions necessary to be commenced, prosecuted, or defended on behalf of the city, or that may be ordered by the council. He shall attend meetings of the council and give them his opinion upon any matters submitted to him, either orally or in writing as may be required. The mayor and city council shall have the right to pay the city attorney additional compensation for legal services performed by him for the city or to employ additional legal assistance and to pay for such legal assistance out of the funds of the city. Whenever the mayor and city council have by ordinance so authorized, the board of public works shall have the right to pay the city attorney additional compensation for legal services performed by him for it or to employ additional legal assistance other than the city attorney and pay such legal assistance out of funds disbursed under the orders of the board of public works.
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How do these two job descriptions relate to the power question? It would seem on the face of it that the City Manager has the most power (which is true under this form of government), as he serves at the pleasure of the City Council. Hasn't the accusation lately been that it was Council who holds all the cards?
ReplyDeleteMike
It relates to the anonymous questions I have been getting.
ReplyDelete1) How much power does the City Manager have?
2) Is it the City Attorney's job to call the councilmen and find out what they are doing?
And you are dead on, the City Manager serves at the City Council's pleasure. So I would say yes the Council holds the cards. If the City Manager is not doing his job as described above it is their job to make him correct his actions or let him go.
The ultimate power rests in the people who elect the council members to their terms. Ultimately, the choices each of those office holders makes will be reflected at the next higher power level. If the City Manager doesn't have the backing of the council, he must change to match his goals to the goals of the city fathers, who in turn are elected to act as the voice of the electorate. If they do something the people don't want and enough of them speak out on election day, a different direction will be conveyed to whomsoever is entrusted to run the city government.
ReplyDeleteEverything done by each of these people is being scrutinized by people on both sides of the immediate issue. Time will tell who will ultimately prevail, but rest assured, with as many candidates in the City Council Race, there are bound to be a wide variety of views to be presented to the public.
I say.. Bully for Sidney that so many want a change to change things in their own lives. Let the debates begin.
Michael Rowland