Congratulations!

You won the election - now what?

By Paul Sullivan, Legal Consultant, Municipal Research and Services Center - This article excerpted from Municipal Research News, Winter 2010 issue.

The election is over. You've received your certificate of election and have been sworn into office. Your election has come at a difficult and challenging time. The on-going recession that has adversely impacted city budgets and personnel will continue to require attention in the days and months ahead. Tax receipts are almost universally lower. Painful decisions requiring the reduction or elimination of programs may continue to be made, and furloughs, reduction of hours, hiring and salary freezes, and the elimination of some staff positions, now commonplace, may still need to be considered. Perhaps as never before, the challenges for local government are great, and the public is looking to you and your fellow elected officials for results; it's time to get to work!

Since all cities and towns held elections for their elected officials last November, this article will concentrate on cities and towns, but many of the concerns discussed here would have application to county officials as well.

Roles

Understanding the complex relationships that already exist and getting along in your particular role is important to the city or town where you hold your elected position. If you are unable to get along with your elected colleagues, at least to a reasonable degree, your meetings may become combative and nonproductive. Is that what you were elected for? Will that really serve a positive municipal purpose? That doesn't mean that you and the other elected officials always have to agree. To the contrary, disagreement, if respectful, can help shed a positive light on the issues facing your community and the solutions under consideration. Even agreeing to disagree in a polite or sensitive manner is possible, if everyone works at it. If you are able to do so, the public may have greater respect for its government's ability to set aside personal differences and work for the public good.

If you're the mayor in a mayor-council form of government, you chair the council meetings, and you serve as the administrative head of the city or town. That doesn't mean you do it all alone. In fact, as the administrative head, you must work with your city or town council. Many of the actions you take as the administrative head must be approved by the council. If your city or town operates under the council-manager form of government, you, as mayor, will still chair council meetings, but the city manager is the administrative or executive head of the government. The mayor in a council-manager city is the ceremonial head of the government and has a vote on the council equal to the vote of all other councilmembers.

If you're a councilmember, you're a member of the policy-making body of the city or town. While you may only have one vote, the council as a whole plays a crucial role in the city or town's operation. The council adopts the budget, approves contracts and expenditures, adopts a comprehensive plan to guide growth in the community, develops personnel policies for city or town employees, passes public safety ordinances to help safeguard the community, and undertakes a multitude of other tasks essential to the city or town's continued operation.

Roles that are sometimes neglected by elected officials include political leadership and public education. Your constituents elected you to provide that leadership, and they expect you to keep those who voted for you (as well as those who voted for your opponent or didn't vote at all) informed.

Staff

Whether you live in a city or town, there is a group of dedicated people who work for the city or town and provide the "face" of the government to the community. As a newly-elected official, you can look to the staff as a great source of information that will be helpful to you as you perform your duties. Usually, as time permits and with the mayor's or manager's approval, they'll be glad to give you a tour of their areas of responsibility and to share their observations. The sooner you familiarize yourself with the functions of each staff member, the better prepared you'll be to vote knowledgeably when called upon to do so. And you'll also be in a much better position to educate constituents about city services and expectations.

Operations

An important point to remember is that while the fire, police, and parks programs may be the more popular and most prominent programs in the public eye, there's a lot more to local government. Turn on a tap. You expect clean water to come out that is safe to drink. Or, flush a toilet or empty a sink. You drive on streets built and maintained by your city. You expect that homes and businesses will be constructed in a safe manner. Do you ever think about how those things happen and what happens next? So much of what local government does is simply taken for granted. It's there, but it's almost out of sight and out of mind. As an elected official, you can't let it become invisible. You'll be responsible to see that all functions of your city or town government are reasonably coordinated, properly funded, responsive to the citizens, and properly maintained. It's a big job and, in tough economic times, a very difficult one.

Open Meetings

Governing bodies at all levels of government in Washington State are required by the Open Public Meetings Act to conduct their business openly. Your city or town attorney, or the other elected officials with whom you'll be serving, should have advice for you on following these requirements. The requirements are few, but they are extremely important. Open government is on the minds of many citizens, and violations of the law, even minor ones, can help destroy the public's perception of its local government.

Appearance of Fairness

The "appearance of fairness doctrine" is something else that applies to all city and town legislative bodies in Washington. Briefly, the doctrine requires that you disclose publicly any personal interest you might have in a quasi-judicial matter (such as a rezone request) coming before you as a councilmember, and, if necessary, that you not participate in the council's consideration of the matter. Quasi-judicial matters are contested proceedings in which public officials act more like judges than administrators or legislators. The doctrine requires that you not prejudge issues that might be presented in a quasi-judicial public hearing coming before you. Also, you should not be communicating with proponents or opponents of the quasi-judicial application regarding that application and your information regarding the matter should be from the "record," which consists of the documents made part of that record and the testimony and exhibits presented at the public hearing. You must be impartial.

Ethics

Certain ethical rules and conflict of interest prohibitions apply by state law to officials in all cities and towns. You'll want to get familiar with the rules, as violations can result in significant penalties, including possible fines and the forfeiture of office. State statutes may limit the contractual relationships you have, or may have, with the city or town and prohibit your participation on some issues coming before the council. In addition, some cities and towns have their own codes of ethics that apply to their officials and employees.

Orientation

As a new (or a more seasoned) councilmember or mayor, you will have the opportunity to go to one or more sessions designed to orient and train you for your new or continuing elected role. City sessions are held and sponsored by the Association of Washington Cities (AWC). These sessions should help you hit the ground running. They will provide an opportunity for you to meet with officials from other cities and towns facing the same challenges as you. The ability to share ideas can help government operation statewide. If at all possible, try to attend one of these sessions. You'll find them very helpful, whether you're new to the job or a veteran.

Resources

For cities, two important resources available to you are the Association of Washington Cities (AWC) and the Municipal Research & Services Center of Washington (MRSC).

AWC, in Olympia, is the lobbying and coordinating organization serving Washington cities and towns. It holds various information and training sessions around the state each year. It keeps your city or town posted on what's happening in the legislature and in the state and federal governments. All the cities and towns in the state are members of AWC. AWC's phone number is 360-753-4137; its website is http://www.awcnet.org.

MRSC, located in Seattle, is a nonprofit, independent organization with the mission to work "for excellence in local government through professional consultation, research and information services." MRSC's services are provided through a contract with the state, with its operating funds cooperatively provided out of a small portion of the cities' distributions of the Liquor Board profits and the counties' distribution of the liquor excise tax. MRSC's services are already paid for, so do not hesitate to use them.

MRSC has a large specialized library of municipal materials and employs consultants from various disciplines, including municipal law, finance, public works, land use and planning, and public policy, as well as other staff members, available to help you. The MRSC staff is ready to discuss and answer your questions, do research that may be needed, and provide you with information and sample materials to help you perform your duties. MRSC consultants frequently speak at seminars or conferences around the state on topics of current interest to municipal officials.

MRSC has developed helpful publications available to local officials, or for anyone, to view online. The publications provide information on a variety of topics, including open meetings, public records, budgets, planning issues, bidding, LIDs, and many other useful subjects. MRSC also maintains a comprehensive website, http://www.mrsc.org, allowing 24-hour access to subjects of interest (finance, public works, governance, personnel, among many others), city and county codes, publications, sample ordinances, frequently-asked questions, and news of interest to municipal officials.

MRSC also has a new roster program available to assist cities, counties, and some special purpose districts with a shared statewide small public works and consultant roster database.

MRSC services are accessible by phone, fax, e-mail, or regular mail. E-mail questions may be sent to mrsc@mrsc.org. The fax number is 206-625-1220; the phone number in the Seattle area is 206-625-1300; or, from further away, it's 1-800-933-6772. MRSC is here to help.

For counties, there is the Washington State Association of Counties (WSAC), the Washington Association of County Officials (WACO), and, of course, MRSC. WSAC may be reached by phone at 360-753-1886 and by fax at 360-753-2842.

Getting to work

You've been elected. You've been briefed. You've looked at the budget. Perhaps you've had a tour of city facilities already. You're learning. It's time to roll up your sleeves and get to work. Good luck and much success!