2014.07.15 CC Special Meeting Agenda Packet
AGENDA
EDMONDS CITY COUNCIL
Brackett Room ~ City Hall 3rd Floor
121 5th Avenue North, Edmonds
SPECIAL MEETING
JULY 15, 2014
2:00-5:00 P.M.
City Council Workshop
facilitated by Jim Reid, The Falconer Group
1.AM-7003 2:00 Welcome! Review Meeting's Goals, Agenda, Ground Rules
2.2:05 Defining Roles and Responsibilities
3.4:05 A Charter and Ground Rules for Our Team
4.4:50 What are We Taking Away from Today's Discussions?
5.5:00 ADJOURN
AM-7003 1.
City Council Special Meeting
Meeting Date:07/15/2014
Time:
Submitted By:Scott Passey
Department:City Clerk's Office
Review Committee: Committee Action:
Type:
Information
Subject Title
2:00 Welcome! Review Meeting's Goals, Agenda, Ground Rules
Recommendation
Previous Council Action
Narrative
Attachments
Attachment 1 - 07-15-14 Agenda
Attachment 2 - Policy vs Administration
Form Review
Form Started By: Scott Passey Started On: 07/11/2014 08:53 AM
Final Approval Date: 07/11/2014
CITY OF EDMONDS CITY COUNCIL, MAYOR, AND LEADERSHIP TEAM
WORKSHOP AGENDA
Tuesday, 15 July 2014 2 – 5 p.m.
Brackett Room, City Hall, 3rd Floor
THE MEETING’S GOALS:
1. Define the roles and responsibilities of the Council, Mayor, and department directors.
2. Review a Cultural Statement and Ground Rules that might help all of us build a
high performing team.
* * * * * * * * *
I. 2:00 Welcome! Review Meeting’s Goals, Agenda, Ground Rules Jim Reid
II. 2:05 Defining Roles and Responsibilities Everyone
What are the roles and responsibilities of the City Council?
What measures might indicate that the Council is fulfilling
its duties?
What are the roles and responsibilities of the Mayor?
What measures might indicate that the Mayor is
fulfilling these duties?
What are the roles and responsibilities of the
department directors?
What are their duties as members of the Mayor’s
cabinet?
As each of us performs our duties, what should our
interaction look like?
III. 4:05 A Charter and Ground Rules for Our Team Everyone
In late May the Council approved a Cultural Statement
and Ground Rules to assist in helping the Council become
a high performing team. Last week the Mayor and
department directors reviewed and discussed it, and
suggested some changes so that these two documents
could apply to them, too.
What are the Council’s reactions to the revised Cultural
Statement? And to the revised Ground Rules?
Should we have one set of each document that
applies to us all, or two sets of each document,
one for the Council and the other to guide the
relationship between all of us?
IV. 4:50 What are We Taking Away from Today’s Discussions? Everyone
What was most meaningful to you about today’s
conversation?
What are the next steps in our process?
5:00 Adjourn
Is it Policy or Administration?
http://www.mrsc.org/subjects/governance/policyoradmin.aspx[7/9/2014 4:06:16 PM]
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Subjects › Governance › Is it Policy or Administration?
Reviewed 02/2013
Is it Policy or Administration?
Contents
Introduction
Policy Versus Administration - Examples
Administrative Functions
Separation of Powers
Personnel Issues
Finance and Budget Issues
Resolving Conflicts
Introduction
"All government - indeed, every human benefit and enjoyment, every virture and every prudent act - is
founded on compromise and barter."
Edmund Burke
Is it policy or is it administration? Through some examples of typical local government activities we will
attempt to answer this age-old question. The Municipal Research and Services Center (MRSC) is
frequently asked for advice from local officials about this issue. Lack of clarity or agreement about this
issue is perhaps the most frequent source of conflict. There are no "black and white" answers. There will
always be some overlap between policy and administration. That is why it is very important for
executives, legislators, and key staff to develop ways to communicate and work together effectively.
Legislative bodies are most effective and successful when they focus on strategic activities to guide
future development of their communities. These key policy-making activities include the development of
a vision for the community, the adoption of community goals and objectives, the adoption of
comprehensive plans, decisions about which programs and services will be provided by the local
government, and the adoption of budgets and capital facilities plans. These are clearly policy matters.
Policy Versus Administration - Examples
Councils and commissions have the powers to enact laws and policies consistent with state law, usually
through the enactment of ordinances and resolutions. The chart below lists actions that city councils and
commissions can take, followed by a brief description of the responsibility of the mayor, city manager or
administrator. These also apply to county councils and commissions; however, counties have a number
of independent elected officials whose functions and duties are defined by the state constitution, state
statutes or home rule charter.
Policy Administration
Enact a budget.Propose budget. Spend within budgetary limits.
Define the powers, functions and duties of
officers and employees.Fill positions consistent with local ordinances.
Fix the compensation of officers and employees.Administer payroll consistent with the adopted
budget and compensation plan.
Establish the working conditions of officers and
employees.Insure that proper working conditions are provided.
Establish retirement and pension systems.Administer pension and retirement plan.
Adopt ordinances regulating local affairs.Implement and enforce ordinances.
Set fines and penalties for violation of
Legal Resources Research Tools Subjects Services News Site Index
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ordinances.Collect fines and enforce penalties.
Enter into contracts.Propose contracts. Manage approved contracts.
Enforce contracts.
Regulate the acquisition, sale, ownership, and
other disposition of real property.
Negotiate terms of acquisition and sale of real
property; carry out acquisition and sale.
Decide which governmental services will be
provided. Adopt budgets for their provision.
Oversee the day to day operation of programs and
services provided by the local government.
Establish public utilities.Manage provision of utility services.
Grant franchise for the use of public ways.Enforce terms of franchise agreement.
License, for the purpose of revenue and
regulation, most any type of business.Administer business licenses as provided by council.
Set tax rates and user fees consistent with state
laws.Collect taxes and user fees.
Approve claims against the city or county.Bring lawsuits, with legislative approval. Propose
settlement of claims. Pay approved claims.
Enter into agreements to accept grants and
gifts.
Propose agreement. Carry out terms of the
agreement.
Administrative Functions
The mayor, city manager, or county executive is the chief executive and administrator in charge of
carrying out the policies set by the legislative body and enforcing local laws. They are basically in charge
of the day-to-day operation of the city or county, including the supervision of all appointed officers and
employees in the performance of their official functions. The chief executive is in charge of hiring and
firing all appointive officers and employees, subject, where applicable, to laws regarding civil service.
Councils of first class, second class, and code cities have some authority to require confirmation of the
mayoral appointments of certain officials; councils may not, however, require confirmation of firings by
the mayor. Town councils do not have this power.
For the most part public agencies are administrative ; they must follow policies, laws, budgets, and other
rules. In order to prevent abuses of power and to provide predictability, administrative functions have
limited flexibility or discretion. For example, the enforcement of building and land use codes are
generally ministerial in nature. If applicants comply with requirements as set forth in the code, they get
their permit. However, there are certain types of decisions, such as rezones, that must go to the
legislative body.
On many matters, citizens will no doubt call councilmembers. In these situations, it is best to pass on
the complaint (through the mayor or city manager), let staff deal with it, and report back to the
councilmember on its disposition. Give the staff a chance to do their job. Treat citizen comments,
complaints, or requests as feedback on basic service delivery systems. These are opportunities for
service "tune-ups" as part of a continuous improvement effort.
Separation of Powers
Consistent with the doctrine of separation of powers, the council is not authorized to interfere with the
chief executive's administration of government. Councilmembers may not give orders to department
heads or to other employees. In council-manager cities, this prohibition is established statutorily. The
council must work through the city manager on matters of city administration, except that it may deal
directly with officers and employees under the manager's direction "for the purpose of inquiry." To do its
job, the council needs information on how the city or county is operating. The chief executive must
provide timely, useful information evenly and equally to all councilmembers - either directly or through
subordinate officers and employees.
On the issue of communication between the council and city officers and employees, the mayor may not
prevent council members from gaining information although he or she could reasonably regulate the
inquiry process. If councilmember inquiries unreasonably take staff away from their duties, the mayor
may require those inquiries to be channeled through the mayor or a department head, if it can be done
without unduly encumbering council access to information.
Personnel Issues
A frequent source of conflict is in the area of personnel. The council may not like a mayor's appointment
to a particular position, or it may be dissatisfied with the performance of certain officers or employees.
An employee may complain to and seek relief from the council about some aspect of employment. On
the other hand, the mayor may believe that certain personnel policies interfere with his or her
supervision of employees and hiring and firing authority. The mayor may direct that all communications
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with city staff go through the mayor's office. The council, in response, may feel that the mayor is
unlawfully restricting its access to city personnel for information purposes.
The remedy for some of these situations may be to review the respective roles of the mayor and the
council and to understand the limitations of their respective authorities. For example, if the council is not
happy with a mayoral appointment, there may be nothing the council can do directly within the bounds
of its authority. However, if it has the authority to confirm a particular appointment, it can reject the
appointee and force the mayor to choose another. If the council does not have confirmation authority, it
can express its dissatisfaction to the mayor, but it can do nothing else with respect to that particular
appointment. The council may, however, provide for a detailed personnel system establishing specific
qualifications for positions, requiring publication and public posting of job opening announcements, and
the like. Moreover, the mayor, at least in code cities, is required by statute to make appointments "on
the basis of ability and training or experience."
Similarly, if the council feels that an officer or employee is performing poorly and should be disciplined or
fired, it can say so to the mayor, but it has no power to do anything else. Although it controls the
salaries paid to city officers and employees, it may not lower a salary with the purpose of causing the
person holding that position to quit. A rule to follow is that the council (and the mayor) may not do
indirectly what it cannot do directly.
Finance and Budget Issues
Another area that often provides ground for conflict is finances and budgets. For example, the mayor
may not take full advantage of the budget authorized by the council. The council may authorize a certain
position at a certain salary, and the mayor may decide not to fill the position or may do so at half time
and half salary. The mayor may cite financial difficulties, such as revenues falling short of projections,
and may conclude that the city cannot afford someone filling this position full-time. The council, on the
other hand, may not agree that the conditions warrant such action or may determine that a different
cost-saving measure is appropriate and should be instituted.
Resolution of this type of issue may prove particularly tricky. Although the mayor may not pay an
employee less than is authorized by the council in the budget or separate salary ordinance, under certain
financial circumstances, the mayor may be able to partially fill a position, thus proportionately reducing
the salary for the position. Legal authority, however, is hazy on such issues. The best strategy would be
for the mayor and the council to work out a mutually agreeable accommodation.
Resolving Conflicts
In situations where it is not clear whether the executive or the council has the authority to act, counsel
of the city attorney or that of a MRSC consultant could be sought. Understanding roles is a necessary
step in resolving many conflicts. When roles are not clearly defined, compromise may be in order.
Statutes and case law may not always provide a ready answer. All parties need flexibility to meet the
challenge of providing effective local government that is responsive to public needs. Local government
works best when local officials work well together and build relationships based on honesty and trust.
Need more information?
Feel free to Ask MRSC . Washington cities, counties, and our contract partners can call or email MRSC for more information and advice - free of
charge.
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