Resolving and Preventing Mayor-Council Conflict
From Councilmember's Handbook
MRSC Report No. 48
January 2000
It is essential for councilmembers to understand their role and how it relates to the roles of mayor or city manager and staff. Many conflicts in city governments are the result of confusion as to these roles and the consequent overstepping of the boundaries between the respective roles.
Although the boundaries are not always clear, the basic roles of the mayor and council are derived from the basic structure of city government, whether yours is the mayor-council or council-manager form. There are also some variation in the powers and duties of mayors and councils between classes of cities; you need to be aware of the specific rules applicable to your class of city.
Separation of Powers
Like the federal and state governments, a city government's powers are distributed among three separate branches: legislative, executive, and judicial. The city council is similar to the state legislature or the Congress; the mayor or manager, like the governor and the President, heads the executive branch; and the municipal court (or the district court by contract) exercises judicial functions, although in a much more limited way than the state or federal courts.
Under the "separation of powers doctrine," each of the three branches exercises certain defined powers, free from unreasonable interference by the others; yet all three branches interact with each other as part of a "checks and balances" system. The powers of these branches in city government are defined for the most part by state statute.
Council Powers
In general, it is the council's role to adopt policies for the city and it is the mayor's role to administer or carry out those policies. The council, being legislative, has the power to enact laws and policies, consistent with state law, usually through the enactment of ordinances and resolutions. The council also has specific authority to:
- Enact a city budget.
- Define the powers, functions, and duties of city officers and employees.
- Fix the compensation of officers and employees.
- Establish the working conditions of officers and employees.
- Maintain retirement and pension systems.
- Impose fines and penalties for violation of city ordinances.
- Enter into contracts.
- Regulate the acquisition, sale, ownership, and other disposition of real property.
- Provide governmental, recreational, educational, cultural, and social services.
- Impose taxes, if not prohibited by state law.
- Cause the city to own and operate utilities.
- Approve claims against the city.
- Grant franchises for the use of public ways.
- License, for the purpose of revenue and regulation, most any type of business.
- In addition, the council is authorized to enact rules governing its procedures, including for public meetings and hearings.
The Mayor or City Manager's Authority
As the chief executive and administrative officer of the city, the mayor is in charge of carrying out the policies set by the council and seeing that local laws are enforced. The mayor or city manager is basically in charge of the day-to-day operation of the city, including the supervision of all appointed officials and employees. The mayor or city manager is in charge of hiring and firing all appointed officers and employees, subject to civil laws, where applicable. Except for those in towns (fourth class municipalities), councils have some authority to require confirmation of the appointment of certain officials; councils may not, however, require confirmation of firings by the mayor or city manager.
In general, the mayor also has the authority to:
- Enforce contracts.
- Bring lawsuits, with council approval.
- Preside over council meetings and, in some classes of cities, exercise some tie-breaking authority with respect to council votes, and veto authority over ordinances.
- Call special meetings of the council.
- Prepare a proposed budget.
- Report to council on the financial and other affairs and needs of the city.
- Perform as ceremonial head of the city.
- Approve or disapprove all official bonds and contractor's bonds.
Consistent with the separation of powers doctrine, the council is not authorized to interfere with the mayor's administration of city government. Councilmembers may not give orders to department heads or to other city employees. To do its job, however, the council needs information on how the city is operating. The mayor, either directly or through other city staff, must provide that information and should do so in a timely and useful fashion.
The Blurred Line Between Policy and Administration
Of course, things do not always run smoothly between the council and the city administration, and the line between policy and administration in some situations is not very clear.
One frequent source of conflict is personnel matters. The council may not like a mayor's or manager'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 executive may believe that certain personnel policies interfere with his or her supervision of employees and hiring and firing authority.
The mayor or city manager may direct that all communications with city staff go through his or her office. The council, in response, may feel that the mayor is unlawfully restricting its access to city personnel for information purposes.
Whose Role is It?
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 executive's 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 or manager 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 or manager, 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 or manager, 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.
Council and Staff Communication
On the issue of communication between the council and city employees, the mayor or manager may not prevent councilmembers from gaining information, although he or she could reasonably regulate the process by which requests are made. If councilmember inquiries of city employees are interpreted as harassing or unreasonable, the executive may choose not to take them away from their duties and may require those inquiries to be channeled through the appropriate staff office, if that can be done without unduly encumbering council access to information.
Conflict in the Finance Arena
Finance and budgets is another fertile area for conflict. For example, the mayor/city manager may decide not to take full advantage of the budget authorized by the council. The council may authorize a certain position at a certain salary, and the executive may decide either not to fill the position or may do so at half time and half salary. The mayor/manager may cite financial emergencies, 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/manager may not pay an employee less than that authorized by the council in the budget or in a separate salary ordinance, he or she, under certain financial circumstances, may be able to partially fill a position, proportionately reducing the salary for the position. Legal authority, however, is hazy on such issues. The best strategy would be for the mayor/manager and the council to work out a mutually agreeable accommodation.
Resolving Conflicts
There are other issues that will likely arise (and that have arisen in other cities) where it is not clear who has the ultimate authority to act, the mayor/city manager or council. In these situations, the council and the city administration could draw their respective battle swords and charge; or, one or both sides could first analyze the issue, perhaps seeking counsel of the city attorney or the consultants at MRSC. Some cities have also brought in an outside facilitator to help them resolve their conflicts.
When the roles are not clearly defined in a particular situation, and the law is not clear, compromise may be in order. All sides need flexibility to meet the challenges of a well functioning city government. If the focus is on providing good government rather than on turf wars, councilmembers, mayors, city managers and staff can better fulfill their roles as public servants.
Conclusion
No matter what its classification is, or what form of government a city or town operates under, the job of a councilmember is to make policy for the governance of the city and its citizens. Policy-making is not a theoretical exercise that takes place high in an ivory tower, though. It involves practical, common-sense decisions and solutions for everyday problems. The principal forum for local government policy-making is the city or town council meeting, so our next subject is the city council meeting.