WORKING WITH A MUNICIPAL ADMINISTRATOR: WHAT SHOULD THE GOVERNING BODY, STAFF AND THE ADMINISTRATOR EXPECT
2005
PRESENTOR: WILLIAM D. (BILL) FRUEH Public Administration Associates, LLC
RISE OF THE ROLE OF ADMINISTRATORS Although the concept of having a paid and educationally trained Chief Administrative Officer has always been generally accepted in the governance of our public school system, (the School Superintendent) the concept of having a trained professional in a similar position in municipal government is a fairly recent phenomena. Almost 100 years ago in the United States, reformers were searching for alternatives to the MayorCouncil form of administering local governments. The Commission Form of government was an early reform, but it has since fell out of favor. No municipalities in Wisconsin operate under this system of elected members in charge of individual department operations who come together to operate as the policy making body, the City Council. Cedar Rapids, Iowa was one of the few remaining cities nationally who use this system and they just voted to change their form of government to the CouncilManager system this year. In 1908, Staunton, Virginia was the first city in the United States where a “general manager” was employed to oversee the administrative functions of the municipality. This was the result of the work of reformers including future President Woodrow Wilson and Richard Childs. Their work was documented by the National Municipal League as the CouncilManager Plan and in 1914, Dayton, Ohio became the first municipality of substantial size to operate under the new form of government. Today a total of 3,003 municipalities in the United States operate under the guidelines of this plan. Under this plan, there is clear legislative intent to separate the legislative and executive powers. Policy making authority is vested in the elected Mayor and City Council, and a professionally trained Manager provides executive and administrative powers. The Manager is appointed “purely on merit”, based on “training, experience, executive and administrative ability” and general fitness for the office. The Manager serves at the pleasure of the Mayor and City Council and may be removed at any time his or her conduct becomes unsatisfactory. The Manager’s authority is broad and comprehensive. He or she is the Chief Executive Officer and exercises all executive authority previously conferred upon the governing body before the plan’s adoption. He or she appoints and removes department heads and other employees, except for positions covered by a civil service system, (Police and Fire Commissions in Wisconsin). The CouncilManager system emulates the Corporation model of governance. The citizens of the municipality are similar to corporate stockholders. The City Council is comparable to the Board of Directors of a corporation, with the Mayor being similar to the Chairman of the Corporate Board. Administratively, the Manager position is similar in nature to the President or Chief Executive Officer of the Corporation. It sounds like a great way to run a municipal governmentand it isas evidenced by the great numbers of cities and villages across the United States that have chosen to operate under this system. In fact, the majority of municipalities over 5,000 in population are operating under this system.
2 The trouble is that reform minded Wisconsin (it says “Forward” on our state flag!) just simply overdid it when they got around to adopting Chapter 64 in the early 1920’s. Wisconsin is the only state in the U.S. where the Chief Elected Official in the “City Manager” (not Council Manager) form of government does not have the title of “Mayor” but is referred to as the “Council President”. Generally speaking, citizens like to elect a Mayor to lead the policies of a municipality. Council Presidents in Wisconsin are usually perceived as being the 2 nd most important elected position in municipal government, with usually the Mayor being the most important position. Lacking the position of Mayor in Chapter 64 municipalities has shifted political emphasis to the appointed Manager rather than the elected Mayor. (Welcoming addresses and riding in parades) Another (in hindsight) poor policy decision was to grant the Manager all appointive duties, even clearly policy advisory or separate boards such as the Library Board or the Planning Commission members. Thus, a poorly drafted Chapter 64 blurred the definitive line between creation of policy and administration of that policy. That defect, the blurring of the line between policy and administration, was compounded in Chapter 64 by having the Manager be the Chair of the Planning Commission, (probably the most important policy advisory board to the City Council), and Chair of the Board of Review, (the board who corrects and overlooks the work of the Assessoran appointee of the Manager). These defects have severely restrained the CouncilManager system of municipal government in Wisconsin. In fact, Wisconsin leads the nation in the numbers of municipalities that had the form of government and eventually returned to the MayorCouncil, (or MayorAlderman), form. Today only 10 cities and 11 villages of the 585 Wisconsin cities and villages operate under Chapter 64. It is said, “Nature abhors a vacuum”, and that principal somewhat applies to municipal government in Wisconsin. Given the progressive nature of the citizens of Wisconsin and the occurrence of professional municipal administration nationwide, an alternative had to be found. That alternative became the rise of the Municipal Administrator. In 1976, there were only 22 municipalities operating under Chapter 64. Seventeen cities and approximately the same number of villages adopted local ordinances under the “home rule” laws allowing MayorAlderman municipalities to appoint administrative officials and specify the duties associated with the administrative official, (the Administrator). In 1978, the Wisconsin City Management Association formed a task force to address the shortcomings of the public administration profession in Wisconsin. The debate was whether to try to reform or rewrite Chapter 64 or come up with a planned, common charter ordinance that could be used to encourage interested municipalities to appoint professional administrators. Former League Executive Director, Ed Johnson, strongly suggested that we pursue the latter method of having a model administrator charter ordinance. Ed also correctly noted that those municipalities that currently operated under Chapter 64 could amend their organization under the “home rule” provisions to change the way they operated.
3 This effort has succeeded beyond anyone’s expectations. According to the 2004 Wisconsin Blue Book, 75 of the 180 Chapter 62 (MayorAlderman) cities and 74 of the 384 Chapter 62 villages now have professional administrators. In addition, 23 of the 1,265 Town governments have administrators. Even County government in Wisconsin has joined the public administration bandwagonof the 72 counties, 10 have elected County Executives, 14 have appointed County Administrators and 15 have appointed, fulltime Administrative Coordinators. The membership of the Wisconsin City/County Management Association lists a total of 285 professional members as of March 2005. EXPECTATIONS OF THE GOVERNING BODY What changes should the governing body expect after hiring an Administrator? A model charter ordinance drafted by Public Administration Associates, LLC outlines the Administrator’s duties. (Note: Insert Village for City and Village Board for City Council.) A Charter Ordinance gives it more stability or permanence, in that it takes a 2/3 vote to alter the Charter Ordinance and it takes 60 days to take effect. If the duties are listed in the Job Description only, those duties may be easily changed drastically upon the vote of Y2 of the Council upon no notice to the Administrator. It could lead to a lot of mischief and thus discourages applicants for the Administrator position. The literal Functions and Duties of the Administrator, (the EXPECTATIONS), are listed in the ordinance. Thus, the governing body should expect the Administrator to: (A)
GENERAL DUTIES
1.
Carry out directives of the Mayor and City Council which require administrative implementation, reporting promptly to the Mayor and City Council any difficulties encountered herein;
2.
Be responsible for the administration of all daytoday operations of the City government including the monitoring of all City ordinances, resolutions, City Council meeting minutes and state statutes;
3.
Establish when necessary administrative procedures to increase the effectiveness and efficiency of City government according to current practices in local government, not inconsistent with directives of the Mayor and City Council;
4.
Serve as exofficio nonvoting member of all city commissions and committees of the City, except as specified by the Mayor and City Council or Wisconsin State Statutes;
4 5.
Keep informed concerning current federal, state, and county legislation and administrative rules affecting the City and submit appropriate reports and recommendations thereon to the Mayor and City Council;
6.
Keep informed concerning the availability of federal, state and county funds for local programs. Assist department heads, Mayor and the City Council in obtaining these funds under the direction of the mayor and the City Council;
7.
Represent the City in matters involving legislative and intergovernmental affairs as authorized and directed as to that representation by the Mayor and City Council;
8.
Act as public information officer for the City with the responsibility of assuring that the news media are kept informed about the operations of the City and that all open meeting rules and regulations are followed;
9.
Establish and maintain procedures to facilitate communications between citizens and City government to assure that complaints, grievances, recommendations and other matters receive prompt attention by the responsible official, and to assure that all such matters are expeditiously resolved;
10.
Promote the economic wellbeing and growth of the City through public and private sector cooperation;
(B)
RESPONSIBILITIES TO THE MAYOR AND CITY COUNCIL
1.
Attend all meetings of the City Council, assisting the City Council as required in the performance of their duties;
2.
In coordination with the Mayor, City Council and the Clerk, ensure that appropriate agendas are prepared to all meetings of the City Council, all City Council committees, and all other appropriate committees and commissions of the City, together with such supporting material as may be required; with nothing herein being construed as to give the administrator authority to limit or in any way prevent matters from being considered by the City Council, or any of its committees and commissions;
3.
Assist in the preparation of ordinances and resolutions as requested by the Mayor and City Council, or as needed;
4.
Keep the Mayor and City Council regularly informed about the activities of the administrator’s office by oral and written reports at regular and special meetings of the City Council;
5 (C)
PERSONNEL
1.
Be responsible for the administrative direction and coordination of all employees of the City according to the established organization procedures;
2.
Recommend to the Mayor and City Council the appointment, promotion, and when necessary for the good of the City, the suspension or termination of department heads;
3.
In consultation with the appropriate department head, be responsible for the appointment, promotion, and when necessary for the good of the City, the suspension or termination of employees below the department head level;
4.
Serve as personnel officer for the City with responsibilities to see that complete and current personnel records, including specific job descriptions, for all City employees are kept; develop and enforce high standards of performance by City employees; assure that City employees have proper working conditions; work closely with department heads to promptly resolve personnel problems or grievances;
5.
Work closely with department heads to assure that employees receive adequate opportunities for training to maintain and improve their jobrelated knowledge and skills and act as the approving authority for requests by employees to attend conferences, meetings, training schools, etc., provided that funds have been budgeted for these activities.
(D)
BUDGETING AND PURCHASING
1.
Be responsible for the preparation of the annual City budget, in accordance with guidelines as may be provided by the Mayor and City Council and in coordination with department heads, and pursuant to state statutes, for review and approval by the Mayor and the City Council;
2.
Administer the budget as adopted by the City Council;
3.
Report regularly to the Mayor and City Council on the current fiscal position of the City;
4.
Supervise the accounting system of the City and insure that the system employs methods in accordance with current professional accounting practices;
The foregoing lists the written expectations that a governing body ought to have of the municipal administrator. However, there are many unwritten expectations that a governing body should consider.
6 An example of what a discrete administrator does, is discourage or defer knowingly controversial issues during the election campaign period. This prevents attacks on incumbents that are running for reelection during the immediate campaigning or running against what the government was doing. A related unwritten expectation of the governing body of the administrator is in the area of community controversy. An administrator should be sensitive to issues that will be controversial. In those instances a good administrator will make sure that all the I’s are dotted and the T’s crossed on all the legal proceedings associated with something that is bound to be controversial, but the governing body supports. For example if the governing body wants to adopt a non smoking ordinance, the administrator should make absolutely sure that everything is covered legally because of the likelihood of a challenge. Another example is construction projectsif you know a project is controversial, the Administrator must make sure all the procedures are legally followed. Again, the administrator should expect to become the defender of controversial decisions or situations, thus protecting the elected governing body. Sometimes the administrator has to play the role of a “lighting rod” in deflecting controversial situations and/or decisions made collectively by the governing body. Another expectation of the governing body that can’t be quantified and thus unwritten is the administrator’s ability to envision or know the opportunities for betterment of the community. The administrator has the training and knowledge of available programs for community improvement. The administrator should not necessarily be the leader of needed progressive movements, but the governing body should have the expectation that the administrator will present innovative ideas or policies for their consideration. Of course, if the governing body chooses to not support those ideas or policies, the issue should quietly go away in that no political pressure should be exerted by the administrator to adopt or approve of them. A municipality that is filling the administrator position for the first time probably has a different set of unwritten expectations than a community that has had the position for a number of years. In the selection process, governing bodies filling the position for the first time are often looking more towards the perfunctory or ministerial, (written in the ordinance), duties. In interviewing replacement administrators, governing bodies tend to look at candidates for the administrator position who exhibit leadership abilities in the unwritten areas of expectations, (public works needs, community development and economic development). A newly elected member of the governing body should also expect the administrator to inform or educate him/her on the municipality operations, such as the budget process, departmental operations, awareness of major issues facing the local government, ethical and legal requirements of the elected position. Another expectation of the governing body is that the administrator will share all information a much as possible with the governing body and that sharing will be equal and fair to all members, (there can be no favorites). Weekly Newsletters and Monthly and Annual Reports keep the governing body informed.
7
Lastly, the governing body should expect that the administrator will act as a professional in all matters and demonstrate the highest ethical standards. The employment agreement should spell out the compensation for the position and fringe benefits. An administrator has the duty to remain in the position and not be searching for a new position for at least two to two and one half years, unless there are unusual circumstances, such as nonsupport by the governing body. EXPECTATIONS OF THE STAFF The staff in a municipality that has just hired an administrator should expect change. The governing body has made the decision that they are accountable to a new chain of command. Unless the administrator has the authority over the daytoday municipal operations, he/she can’t be responsible or accountable for things that may go wrong. Therefore, the Administrator has to have the respect or acknowledgment of the department heads and administrative staff. The staff of a municipality with a first time administrator faces the most dramatic changes. Before there was an administrator, there was a level of oversight of departmental operations. Many times, some members of the governing body had little to do with departmental or staff activities. Other time’s members of the governing body micromanage staff activities and there is a lot of communication between the staff and the governing body. Either way, the staff, without an administrator, had a relationship with the governing body that will change, depending on the makeup of the governing body. The staff, with an administrator in the picture, will have to recognize that they are accountable for their daily operations to the administrator, as well as the governing body from an overall standpoint. Direct communications on daytoday staff activities between the staff and the governing body should be discouraged by all three componentsthe governing body, the administrator and the staff. The staff also has to recognize that to a certain extent, a good administrator will have a different demeanor towards each individual staff member. That is not to say that the policies and procedures or rules aren’t uniformly carried out. But, interpersonal relationships in getting things done sometimes call for different approaches with individual staff members. Many times, the governing body expects certain outcomes in departmental operation. They hold the administrator responsible and the administrator has to have the full support of the staff member. If he/she can’t accept that, he/she should resign immediately. But generally, the staff should expect that the administrator needs them, (which is so trueyou can’t do or think of everything by yourself), and therefore they should be treated like a valuable team member.
8
EXPECTATIONS OF THE ADMINISTRATOR The primary expectation of the Administrator is that he/she has the full support and confidence of the governing body. This is especially true of the firsttime administrator’s position where he/she may be expected to implement sweeping changes in the operation of the municipality. Hopefully, even if the selection of the Administrator wasn’t a unanimous decision, at least publicly, the vote for the hiring should be a unanimous vote. Any perceived division by the governing body in making this important decision can be exploited by either the staff or citizens to the detriment of the overall operation of the city. The administrator and the staff should have the expectation of being criticized from time to time because nobody’s perfect and we all make mistakes. However, the governing body should not make those criticisms during a public meeting, unless the motive is to promote a resignation, and even then it isn’t good policy because when one part of the government looks bad it carries over to whole government in the eyes of the citizens. The old saying is, “You don’t air your dirty laundry in public”. Both the governing body and the administrator should avoid surprises at open meetings. An administrator shouldn’t presume that the Mayor and Council will always act as a team, but that the governing body will understand their role in the governing process. Elected officials, the administrator and the staff share in determining mission, setting policy, establishing administrative structures and procedures, and conducting daytoday management tasks. But each group has different roles for each of these areas. The administrator should expect that the governing body will focus primarily on the mission and policy and not administration and management. The expectation is that the Governing body will focus much more on longerterm strategic planning and goal setting, identifying future projects and assessing services and service levels, There is always a certain amount of tension inherent between the Governing Body and the Administrator and both parties need to recognize it. The governing body claims the organization by virtue of the legitimacy of democracy, that is, they were elected to make decisions that are responsible to the people. The Administrator and staff claim the organization by virtue of the legitimacy of expertise that is they have the knowledge, training and experience to make correct decisions. These “legitimacies” don’t have to clash since they are different areas, but sometimes they do. The key is to understand them in the first place and to respect the other’s position. Ultimately, in our system of representative democracy, the governing body must control. Administrators should expect that the governing body will be informed on the issues and the offsetting presumption is that the administrator and the staff will have a system of furnishing the quality and quantity of information that is needed to provide the basis of a sound governing body decision.
9
Further, the administrator should expect the governing body to abide by the ordinance creating the position. Hopefully, that ordinance puts administration of the governing body’s policies in the hands of the administrator. As such, the governing body should hold the administrator responsible for the administrative actions of all aspects of the city and have a handsoff policy towards daytoday departmental operations. In other words, if the administrator is to be responsible and accountable for administration of the city operations, he/she has to have the authority and confidence from the governing body to do so. The governing body is usually able to terminate the Administrator by a simple majority. That way, the Administrator has to have the confidence of the governing body to carry out his/her authority. If the Administrator does not, he/she should not be in the position, in our opinion. Lastly, but certainly not the least consideration, is the expectation by the administrator that the governing body will reward him/her adequately for services rendered. Employment agreements should provide for an annual performance review to be completed by the governing body of the performance of the administrator. That means that each year, goals and objectives, (preferably measurable) are given to the administrator by the governing body. The annual review then analyzes the administrator on how well he/she did or did not reach those goals and objectives, and if they were not reached, why. If the performance of the administrator is satisfactory, his/her salary should be reviewed in the light of comparable salaries in similar municipalities and circumstances. CONCLUSION The essence of working with a municipal administrator and the expectations by the parties involved, (the governing body, the staff and the administrator), revolve around the old adage that the governing body sets policy and the staff and administrator implements, or administers that policy. Policy is can be defined as the business of making decisions about the community. The fine line between “policy” and “administration” can be the cause of debate and tension in a municipal government. Sorting out the differences will keep public administration professors employed for years to come. The daytoday realities of policy and administration, rather than the theory, are that administration can be many things: • • •
It can overlap with policy; and only be sorted out on an issuebyissue basis. It can be a more satisfying way for a governing body to spend their time since it’s sometimes easier to do than tackle tough policy questions. It can be those things that staff and administrators want the governing body to stay out of. The governing body should be skeptical when someone says an issue is “purely administrative”.
10
To see what the policy vs. administration problem really looks like in practice, consider these examples of typical decisions. Are they policy or administration? 1. The Public Works Director proposed construction of new interceptor sewers with a 50% addon capacity. Is this a staff administrative decision, or a city growth policy decision? I think it’s both and the governing body needs to consider the growth implications of such a decision. 2. The municipal personnel department proposes a new policy on employee lunch hours. It’s clearly a policy decision, but does it rise to the level of concern of the governing body?Probably not. 3. The city administrator decides to apply for a federal grant for community development. A policy issue?clearly yes and worth the time and attention of the governing body. So, what is policy? Essentially, policy is what the governing body defines it to be, using their best judgement and common sense. It’s not the daytoday operations of the departments. But, the governing body should not be intimidated by someone saying that something isn’t policy and therefore isn’t your business. Ultimately, under our form of representative government, the governing body is responsible to the citizens for the way the municipality is run, and the governing body has the right to expect thorough answers to reasonable questions. For more information about professional administration, contact the Wisconsin City/County Management Association (WCMA).