City of St. Helens – Strategic Plan Alternative Municipal Government Structures Introduction This paper is intended to give the City Council of the City of St. Helens an overview of its current government structure as well as alternatives. This paper is not intended to analyze these forms for their appropriateness for use in St. Helens. Rather, that analysis should be performed as part of the City’s strategic planning process. Changes in government structure should only be pursued if it is determined that such changes will support the City’s short and long range goals. The St. Helens Municipal Structure The following general description of the St. Helens government comes from the City’s web site: The City of St. Helens, incorporated in 1889, has a Council/Mayor form of government consisting of four Councilors, elected to four-year terms, and a Mayor, elected to a two-year term. At each biennial general election, the Mayor and two Councilors are elected. Appointed City officials include the City Administrator (who also acts as the City Recorder), Finance Director, City Attorney, City Engineering Manager, Planning Administrator, Police Chief, Wastewater Treatment Plant Superintendent, Building Official, Library Director, and Municipal Court Judges. Chapter III of the City Charter establishes this structure. Section 6 reads: WHERE POWERS VESTED. Except as this charter provides otherwise, all powers of the city shall be vested in the Council. August 18, 2005 Richard Hill & Associates ~ Montgomery Gulf Corp. ~ MorganCPS Group Page 1 City of St. Helens – Strategic Plan Alternative Municipal Government Structures A Council/Mayor form of government is described in detail in the Alternatives section below, but in summary all legislative and executive authority rests with the Council. In actuality, St. Helens’ government has a strong resemblance to a Commission form of government as each Councilor has authority over certain specific city functions. However this is not a charter provision and is more the custom of how St. Helens operates. Therefore it cannot be said that the City truly has a Commission form of government. Each Councilor has a portfolio of oversight authority over certain assigned city functions as listed below: Councilor Mayor Peterson Councilor Huff Councilor Locke Councilor Youngberg Councilor Grant Portfolio City Administration, City Attorney, Finance, & ROCN Engineering Dept., Parks Dept., Public Works, SMART, CEPA Cable TV, Police Dept. Public Buildings, Tourism Committee Building Dept., Wastewater Treatment Plant, Safety Committee Planning Dept., Library, Arts & Cultural Commission The Council hires a City Administrator to help them on a day-to-day basis to carry out their duties. This position was created through Ordinance 2220 adopted on February 7, 1978. The duties of the City Administrator are specifically delineated in Section 2: The City Administrator shall report directly to the city Council, shall be the administrative head of the central business office and the financial department of the city of St. Helens, and shall do all things with respect to August 18, 2005 Richard Hill & Associates ~ Montgomery Gulf Corp. ~ MorganCPS Group Page 2 City of St. Helens – Strategic Plan Alternative Municipal Government Structures management of the central business office and the financial department as are permitted or directed by statute, charter, ordinance and the city Council. The following section of the Ordinance specifically determines that the City Administrator does not have authority over city functions other than central administration and finance. It reads: … shall have the same responsibility with respect to the central business office and financial department as do other municipal officers with respect to the departments of which they are the department head. In addition, the City Administrator also serves as the City Recorder. Alternative Municipal Forms There are a number of alternative forms of local government used in the United States. In New England many communities still use the town meeting form of government that has been in place for over 200 years. Many large communities use municipal forms that are based on elected officials having both legislative and executive authority. Portland is an example of a Commissioner form of government where each elected commissioner serves as the head of one or more departments. In larger cities using this form, the commissioner positions are full time salaried positions and are supported by large staffs. Some larger communities, such as Beaverton, use the Strong Mayor form of government where the full-time, salaried Mayor has executive authority. Most communities, however, use one of two primary models; Mayor/Council and Council/Manager. Each is described in detail below, but in summary in a Mayor/Council form the Council both makes policy and runs the day-to-day August 18, 2005 Richard Hill & Associates ~ Montgomery Gulf Corp. ~ MorganCPS Group Page 3 City of St. Helens – Strategic Plan Alternative Municipal Government Structures affairs of the City. The Council may hire an administrator to help with those duties. In a Council/Manager form of government the Council sets policy and the City Manager runs the City on a day-to-day basis. Virtually all smaller communities in Oregon run on the Mayor/Council form of government. This is due to both smaller budgets and the volume of operational issues not needing a full time Manager. However, in many cases these smaller communities also have a City Administrator. All medium sized and larger communities in Oregon, except Beaverton, Portland, and St. Helens, use the Council/Manager form of government. Each of the major forms of government used by American municipalities is listed and described below, along with a general identification of positive and negative factors of each type. However, there are variations on each of these to be found around the Country. August 18, 2005 Richard Hill & Associates ~ Montgomery Gulf Corp. ~ MorganCPS Group Page 4 City of St. Helens – Strategic Plan Alternative Municipal Government Structures Mayor/Council (Strong Council or Weak Mayor) Mayor/Council (Strong Council) The mayor/Council form of government is very common is Oregon especially among VOTERS smaller cities. Nationwide it represents about 43% of city governments. In this system the Council, usually including the COUNCIL ADMINISTRATOR DEPARTMENT HEADS mayor, is the legislative and policy making body of the city and also performs the executive and administrative functions. Department heads are accountable to the Council but some of the Council’s day to day oversight is often delegated to an agency specific committee or to a specific Councilor. For example, the Council might have the public works director report to a Council appointed public works committee, or there might be one Councilor who the public works director reports to regularly and that Councilor brings up public works issues to the full Council. In communities where issues and budgets have grown beyond the capability of volunteer city Councilors to administrate on a day-to-day basis, it is common for the Council hire a City Administrator to help with those functions. August 18, 2005 Richard Hill & Associates ~ Montgomery Gulf Corp. ~ MorganCPS Group Page 5 City of St. Helens – Strategic Plan Alternative Municipal Government Structures Pro Con Allows elected official to influence all city operations and policy as needed Allows for a wide range of participation by many individuals of the citizenry Response elected representative Council Long historic tradition Allows for volunteer or low paid elected officials Works well in small and rural communities Often unclear structure of responsibility Diffused power and responsibility Lack of strong leadership Can be confusing to citizenry Hard to enact change quickly Can result in fragmented operations stemming fragmented management Political vacuum by lead to “bossism,” machine politics, or cronyism Council/Manager In the Council/Manager form of government, an elected Council is the governing body of the city but a Manager is hired by Council to carry out the day-to-day operations. It operates much as a corporation with a board of directions that sets general direction and policy and a Chief Executive Officer that is responsible for operations. The Council usually consists of five to nine members including a mayor who is either selected by the Council or elected by the people as defined in the city charter. The size of the Council is generally smaller than that of a Mayor/Council municipality, and Council elections are usually nonpartisan. The mayor and Council are responsible for setting policy and passing legislation. The mayor is usually recognized as the political head of the municipality, but is a member of the legislative body and has very limited independent powers. Besides serving the CEO function, the Manager serves as the Council’s chief August 18, 2005 Richard Hill & Associates ~ Montgomery Gulf Corp. ~ MorganCPS Group Page 6 City of St. Helens – Strategic Plan Alternative Municipal Government Structures advisor. Managers also serve at the pleasure of the Council and are responsible for preparing the budget, directing day-to-day operations, and hiring and firing personnel. Most Council/Manager based City Charters specifically prohibit the Council from interfering in operations, especially personnel issues. The Manager position may also be referred to as an administrator but usually a Manager is position established in a city charter creating a true Council/Manager VOTERS Council/Manager system while an administrator is often established only by ordinance. Although often functioning much the same, by establishing a COUNCIL MANAGER professional administrator position only through ordinance the underlying government structure is not a DEPARTMENTS Council manger form. In a true Council/Manager form, the Charter will lay out specific functions for the Council and for the Manager. For example, most Council/Manager based Charters give the City Manager sole authority for all personnel issues and the Council is specifically prohibited in interfering in those issues. About 49% of all US cities use the Council/Manager form of government with it used in 57% of cities over 10,000 population. It is the only form of city government that is increasing in use nationwide. August 18, 2005 Richard Hill & Associates ~ Montgomery Gulf Corp. ~ MorganCPS Group Page 7 City of St. Helens – Strategic Plan Alternative Municipal Government Structures Pro Con Establishes clear structure of responsibility and accountability Removes politics from hiring and firing and other personnel issues Allows elected officials to focus on policy Maximizes efficiency with professional management City run in a business-like manner Allows for volunteer or low paid elected officials Difficult for voters to create rapid change Limits voter influence on certain government functions Creates level of bureaucracy Manager may tend to usurp policy making Mayor may tend to usurp administrative functions Manager likely to come from the outside without any historical relationship with city or long-term commitment Mayor/Council (Strong Mayor) The Mayor/Council strong mayor form of government separates the legislative and executive functions of Mayor/Council (Strong Mayor) VOTERS government. The Legislative power is given to an elected Council and MAYOR COUNCIL the executive power to an elected DEPARTMENTS Mayor. Although the exact power of the mayor can very greatly in this system they are often responsible for all day-to-day operations including hiring and firing of personal and may also have veto power over legislation. This centralization of powers is why this system is often referred to as a ‘strong mayor system.’ August 18, 2005 Richard Hill & Associates ~ Montgomery Gulf Corp. ~ MorganCPS Group Page 8 City of St. Helens – Strategic Plan Alternative Municipal Government Structures Many Mayor/Council cities also hire a professional city administrator or the mayor may have a chief of staff. These persons assist with the day to day operations, but they have no authority other than that delegated by the mayor. An administrator is most often used in cities where mayors receive little or no compensation and have less then full strong mayor authority, or where the municipal organization so large that the mayor cannot undertake the duties without assistance. Pro Con Strong leadership Establishes clear structure of responsibility Clear accountability directly to the voters Allows Council to focus on policy Direct implementation of policy Mayor can facilitate both policy development and implementation Voters can enact rapid change August 18, 2005 Excessive power and responsibility given to one person. Can limit participation and representation in the management of the city Machine politics can undermine broad representation or service Leads to patronage in hiring and firing Enhances partisanship with a winner take all environment Requires significant pay for the position of mayor to attract a qualified individual No guarantee that mayor will have the skills necessary to manage the city effectively as a professional administrator Give incentive to mayor to focus on politics instead of management Mayor and Councilor time availability may be limited. Richard Hill & Associates ~ Montgomery Gulf Corp. ~ MorganCPS Group Page 9 City of St. Helens – Strategic Plan Alternative Municipal Government Structures Commission The commission form of government is characterized by an elected governing board that holds both legislative and executive powers. The commission is expected to run much of the day to day operations themselves. The board of commissioners is usually the governing board and serves as the head of the government. This form is typically used in county government. Often counties using this system elect a number of Commission other officials to a serve as heads of VOTERS some of the major county departments such as the county sheriff. COMMISSION A variation of the commission model DEPARTMENT HEADS that is used in some cities, such as Portland, is where commissioners serve as administrative heads of specific city Commission Variation departments. In this system the mayor VOTERS generally the same amount of power as COMMISSIONERS AS DEPT. HEADS the other commissioners but is some cities such as Portland has the added DEPARTMENTS authority to select which commissioners will head which departments. About 2% of US cities use the commission form of government. It was developed at the turn of the 19 th century in response to the “spoils system” and was considered revolutionary at that time. Pro August 18, 2005 Con Richard Hill & Associates ~ Montgomery Gulf Corp. ~ MorganCPS Group Page 10 City of St. Helens – Strategic Plan Alternative Municipal Government Structures Accountability directly to the voters Allows elected official to influence all city operations and policy as needed Direct implementation of policy Voters can enact rapid change Simple organizational structure Can limit participation and representation in the management of the city Give incentive to commissioners to focus on politics instead of management No checks and balances No single administrative authority Can result in fragmented operations stemming fragmented management Can be confusing to citizenry Requires significant pay for the position commissioner to attract qualified individuals No guarantee that commissioners will have the skills necessary to mange effectively Give incentive to commissions to focus on politics instead of management or policy Mayor and Councilor time availability may be limited. Town Meeting The Town Meeting approach to local government is by far the oldest. It is characterized by decision making Town Meeting coming from a meeting held where all citizens are invited, encouraged to deliberate, and to vote on both policy and administrative issues. There may be a mayor that is VOTERS DEPARTMENTS primarily the convener and presiding officer of the town meetings. Ad Hoc committees may undertake various functions and projects and agreed upon by the full community. August 18, 2005 Richard Hill & Associates ~ Montgomery Gulf Corp. ~ MorganCPS Group Page 11 City of St. Helens – Strategic Plan Alternative Municipal Government Structures About 5.5% of US communities use the Town Meeting approach in government. It is mostly limited to New England and generally is used in very small towns. Many of these communities are hundred of years old and have always used this form of government. Pro Con Purest form of democracy Allows all citizens a say in running the town Deep historical tradition Has worked well in small communities A high degree of accountability and trust No centralized authority or responsibility to administrate daily functions No centralized authority or responsibility to deal with interagency or inter-organization relationships Difficult to do long-range planning Challenging to educate citizens on complex issues Meetings can be cumbersome Meetings can be poorly attended Changing the Form of Local Government Since the form of local government is established in a city’s charter, it can only be changed by amending that charter. Note that the “operation” of City government can be changed without a charter amendment as will be discussed below. But, to create a fundamental and legal change in the form of a local government, a charter amendment is required. The Oregon Revised Statutes define how a charter amendment takes place as follows: 221.210 Charter amendments and other municipal measures; initiative and referendum. The city council may refer and the people may initiate municipal measures or amendments to the charter of a city August 18, 2005 Richard Hill & Associates ~ Montgomery Gulf Corp. ~ MorganCPS Group Page 12 City of St. Helens – Strategic Plan Alternative Municipal Government Structures Since a charter amendment must be approved by the voters it is no small matter. Most communities will only engage in a charter amendment after a very deliberate review by an appointed committee. Success is usually only assured by mounting an effective support campaign as voters are often leery of changes in their community’s “constitution.” Usually, a successful charter amendment has as a foundation a full financial analysis of the impacts of the change. As an alternative, a City can chose to operate as if it has a Council/Manager form of government by doing two things. First, by ordinance or resolution, the Council delegates some or all of its executive authority to the City Administrator. This does not mean the Council abdicates it authority but rather tasks the Administrator to exercise the authority on behalf of the Council. This commonly involves making Department Heads subservient to the City Administrator rather than reporting directly to the Council thereby creating a true leadership position within the city staff. The second thing to be done is to change the behavior of those involved in City government so that they respect and work with this new leadership position. This involves the individual Councilors respecting the Administrator’s role and not “micro-managing” and the staff acknowledging the Administrator’s role and working willingly in the new team structure. Many Oregon cities have established successful frameworks for municipal operations within a Council/Mayor form of government by using these approaches. August 18, 2005 Richard Hill & Associates ~ Montgomery Gulf Corp. ~ MorganCPS Group Page 13 City of St. Helens – Strategic Plan Alternative Municipal Government Structures Sources: International City/County Management Association, http://icma.org/main/topic.asp?tpid=20&hsid=1, July 27, 2005 City of Portland Website, http://www.portlandonline.com/auditor/index.cfm?a=9178&&c=27481 July 28, 2005. Brown, C; J. Dennis, Other, “Which Government is best?” Washburn University Topeka, KS, May 8, 2004, www.washburn.educaspoliscipdf.umf MacManus, Susan A. and Bullock, Charles S, The Form, Structure, and Composition of America’s Municipalities in the New Millennium, no citation available on source or date League of Oregon Cities, Excerpts from the Handbook for Oregon City Councilors, Revised September 2000 Discussions with Richard Townsand, Retired Executive Director of the League of Oregon Cities; David Galati, Executive Director of the Mid-Willamette Valley Council of Governments; Randy Ealy, City Manager of Estacada and 2005 President of the Oregon City/County Managers Association; and Erik Kvarsten, City Manager of Gresham August 18, 2005 Richard Hill & Associates ~ Montgomery Gulf Corp. ~ MorganCPS Group Page 14