Model City Charter Revision Project - Eighth Edition

Issues for Resolution (In order of appearance in the Model)

The Committee identified the following issues in Meeting #1 that involve the first three articles of the 7th edition.

1. Preamble

Notes: "The model should have a preamble addressing issues like the need for a charter, the desirability of home rule, and the underlying values; claim all powers available." (See sec. 1.01, p. 1; Meeting Summary, Item #3 under "Specifics to be Included in the Model")

2. Intergovernmental Relationships

Notes: "Structural enhancements that can promote and support intergovernmental/metropolitan collaborations and cooperation." The Model Charter currently advises against making intergovernmental cooperation provisions too specific. (See sec. 1.03, p. 1; Commentary on sec. 1.03, pp. 2-3; Meeting Summary, F(3)(a))

3. Office of Neighborhood Relations, Citizen Input

Notes: "The Model makes no provision for specific instrumentalities designed to provide input at the neighborhood level for policy-making or service delivery evaluation. Nor does it list as charter agencies any citizen advisory boards and commissions. The council has power to establish such agencies." (See sec. 2.01, p. 4; Commentary on sec. 2.01, p. 15; Meeting Summary, F(1))

4. Election of Mayor By and From Council vs. Direct Election At-Large of Mayor

Notes: "The Model provides two alternative methods for electing the mayor. Which one is used will depend on local preference and tradition." (See sec. 2.03, p. 8; Commentary on 2.03, p. 20.)

5. Mayoral Powers

Note: The Model states that the mayor shall (a) preside at council meetings, (b) serve as intergovernmental representative, (c) appoint members of citizen advisory boards, and (d) deliver the state of the city address. The city council may grant the mayor additional powers. The Commentary recommends against tie-breaker vote power and veto power. (See sec. 2.03, p. 8; Commentary on 2.03, p. 20; Meeting Summary C (4)(c))

6. Compensation of Council and Mayor

Notes: Suggestion in Meeting Summary that compensation be limited to 50% of the average per capita income in the community. The charter says "A salary too close to a full-time salary could encourage council members to think of their positions as managerial and thus detract from their role as legislators or policy-makers." (See sec. 2.04, p. 9; Commentary on 2.04, p. 21; Meeting Summary, C(1)(c)(i))

7. Whether to Prohibit Sitting Council Members from Running for Mayor in Direct Election in the Context of Staggered Terms

Notes: See Meeting Summary, D(1), (9).

8. At-Large, District, and Hybrid Elections

Notes: Meeting Summary asks "Should a hybrid system of district nomination with at-large election be used?" On this point, "The Model continues to stress the value of the at-large principle in designing the composition of a city council, while recognizing the necessity of providing for representation of geographical areas under certain circumstances. The at-large system has generally allowed citizens to choose council members best qualified to represent the interests of the city as a whole. In larger cities, citizens may feel isolated from and unconnected with their government without some geographical basis of representation." (See sec. 2.02(a), p. 4; Commentary on 2.02 (a), p. 16; Meeting Summary, D(5))

9. Partisan vs. Nonpartisan Elections

Notes: The Model provides that "Candidates shall run for office without party designation." Commentary notes that state law usually leaves little election discretion in this area, but may leave the choice of partisan/nonpartisan and timing (odd or even years) to cities. (See sec. 6.01(c), p. 45; Commentary on 6.01, p. 48; Meeting Summary, D(7))

10. Staggered Terms

Notes: Meeting Summary asks "Should the 8th edition prefer staggered terms?" The Model says two basic questions are "First, is it desirable to maintain continuity and avoid radical swings in council composition? Second, should citizens be able to change the direction of their government at any election, not wait another two years to complete the change? The issue of whether staggered terms have a discriminatory effect continues to be litigated." The Model lists Staggered terms as an option under Election At-Large, Election At-Large with District Resident Requirement, and the Single-Member District System, but not with the Mixed At-Large and Single-Member District System or the Proportional Representation system. (See sec. 2.02, pp. 4-8; Commentary on sec. 2.02(c), p. 17; Meeting Summary D(8))

11. Manager Qualifications, Residency Requirement

Notes: The Model says "The city manager shall be appointed solely on the basis of executive and administrative qualifications. The manager need not be a resident of the city or state at the time of appointment but may reside outside the city while in office only with the approval of the council." (See sec. 3.01, p. 26; Commentary on sec. 3.01, p. 29; Meeting Summary C(2)(c))

12. Manager, Political Neutrality, Professionalism, and Policy

Notes: "The listing of the manager's powers and duties assumes that the manager will not only perform managerial duties in the city's operations but will also have a significant role in the development of policy." Meeting summary suggests that neutrality be part of definition of professionalism. (See sec. 3.04, p. 26; Commentary on sec. 3.04, p. 30; Meeting Summary, C(2)(a), (b))

13. Manager Accountability

Notes: The manager makes reports and recommendations to the city council concerning the affairs of the city. The council has removal power over the manager. (See sec. 3.04 (1)-(11), sec. 3.02, pp. 26-27; C(2)(d))

14. City Manager as Chief Executive Officer vs. Chief Administrative Officer

Notes: Suggestion from Meeting Summary was to change Manager title from CAO to CEO. The Model refers to the mayor in a strong mayor city as CEO. (See sec. 3.04, p. 26; Appendix I, p. 62; Meeting Summary, C(2)(e))

15. Defining the Role of the Manager in the Strong Mayor Form

Notes: Meeting Summary asks if 8th edition should do this. The 7th edition Appendix describes an aide to the strong mayor (a.k.a. the chief executive officer). The aide can be known as city administrator, chief administrative officer, executive officer, etc., and the Model says "The managerial assistant to the mayor, no matter what the title, would not be assigned charter powers independent of those of the mayor, but should be able to perform any administrative duties of the mayor if instructed by the mayor to do so." (See Appendix I, p. 62; Meeting Summary, C(4)(d))