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Yes to Strong Mayor-ing

Tue, 05/25/2021 - 21:05 -- robgreen
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A few candidates have announced for City Council advocating for a ‘strong mayor’. That’s great, and I agree! I just wanted to describe what I believe this means under Iowa law, and how this concept is already embedded in our form of government. A mayor just needs to be willing to assert that inherent power (I am -- and do!).  In this blogpost, I'll also describe what I've been doing at the practical level to assert Strong Mayor authority constructively, positively, and effectively.

This is a longer post than normal, but it's very important to be clear about authorities and limitations, even on a "Strong Mayor".  This topic can't be properly addressed in just two or three paragraphs, so thanks for bearing with me!

The Mayor/Council Form of Government

Under Iowa Code 372.1, a city government is restricted to one of six basic forms: (1) Mayor-council, or mayor-council with appointed manager, (2) Commission, (3) Council-manager-at-large, (4) Council-manager-ward, (5) Home rule charter, or (6) Special charter. Changing it requires a public referendum.

Since August 1972, the City of Cedar Falls has had the Mayor/Council form of government, as described in City Code Section 2-3.  As I understand it, the Director of Administrative Service (Dick McAlister) functioned much like a city manager for many years under Mayor Crews. The Council simply formalized that organizational structure in 2015, by adding the city manager role by ordinance, which it called the City Administrator (legally the same thing as a City Manager).  That's allowed by Iowa Code 372.4(1)(a), which states that “the council may, by ordinance, provide for a city manager and prescribe the manager’s powers and duties” without changing the legal form of government (which would have required a public referendum). 

I'll just add that a city manager/administrator is a very common feature in cities nationwide, and I support the notion that a city is best managed on a day-to-day basis by an expert well-trained in public administration. That doesn’t mean the administrator sets major policy, or makes budgetary or resourcing decisions, or takes control in an emergency. Those important city leadership roles are reserved for the Mayor and Council. After all, the American system of government is not a technocracy.

Asserting the Mayor’s Role as CEO

The way I see it, the Mayor makes sure that city government is carried out using the basic principles of good governance, and to set an overall vision for the direction of the city (continually seeking Council buy-in and support). Sometimes I can just do what I want to (if the council hasn’t specifically prohibited it), and I do have a lot of leeway in how I carry out the council’s specific directives. 

Several parts of the city code ensure that Cedar Falls has a strong mayor. It’s up to each mayor to use those powers wisely and judiciously. They are:

  • Mayor’s Evaluation of the City Administrator. The city code requires that the mayor evaluate the administrator annually. Historically, this wasn’t being done. Last year, I researched city administrator evaluation forms from across the country, and created one that works very well for our needs in Cedar Falls. And I added to the city code (with Council approval) that the city council provides input and feedback on that evaluation as well -- but at the end of the day, it’s the mayor who writes it. This is the most tangible way to make clear that the Mayor directly supervises the Administrator. We’re not partners, we’re not co-workers….I’m his boss.  We both are clear on that, and work very well together with mutual respect.  He's a terrific administrator, he understands his role, and I enjoy working with him. 

  • Presiding Over Weekly Department Head Meetings. Historically, the mayor has not attended the two-hour Department Heads meeting on Monday mornings. I now attend and preside over those meetings, and I believe it’s important for future mayors to do so as well. I generally refrain from dictating staff actions in those meetings; by city code, that’s the Administrator’s domain. Still. attending gives me a great sense of what’s going on in the municipal government that week, and where the challenges and pain points are. If appropriate, I do interject and provide feedback to the directors, and have enjoyed learning a lot about government operations. Also important, I’ve built positive, healthy, and respectful relationships with the directors through this dialogue. 

  • Appointing the Mayor Pro Tem. The pro tem is the council member who serves in the mayor’s absence or incapacitation. The pro tem should be on the same page as the mayor (though definitely not a yes-man) and in my administration, the pro tem is my advisor and helps choose the members of the city’s boards and commissions. I asserted this year that no council consent is warranted, as four opposing members of the council could thwart the will of the mayor in this very important decision. It’s rightfully the mayor’s decision alone.

  • Appointing Board and Commission Members. The city’s nineteen boards and commissions have a tremendous impact on the direction of the city. This happens sometimes through recommendations to the council (like the Planning & Zoning Commission), and sometimes by making final decisions on their own (like the Library Board). The Mayor, by city code, has the power to appoint all boards and commission members, with council consent. Rather than choose & recruit new members directly, I’ve established a process where people can apply to multiple boards at once, and then are considered by a selection panel of elected and appointed officers (the mayor pro tem, the board chair, and the board vice-chair). I still have final authority on whether or not to appoint their recommended person. In every case so far, I’ve agreed with the selection panel’s recommendation, which is a testament to their careful selection. I also have a conversation with every nominee, to ensure they understand their role on the commission, and to express how important their service is to the city. As a strong mayor, I ensure that each member is directly responsible to me for their performance (particularly when their term expires and are requesting re-appointment). And it has nothing to do with their votes or political views, just their conduct, attendance, and overall suitability for constructive service in a deliberative body.

  • Vetoing Council actions, when needed. I respect the will of the council, and believe it’s important for the mayor to generally stay neutral in the council voting process. But if I believe that a vote is improper, I reserve the right to veto. I did it once this term (when the firefighters were eliminated on a 5-2 vote), and will gladly do it again when necessary. I’m glad that the council approved my changes this year to clarify the mayor’s veto power and the process to exercise it, to eliminate ambiguity there.

  • Serving as the City’s Designated Ombudsman. I wrote, and council approved, new language in the City Code this year that the mayor is the city’s Ombudsman, with the authority (and responsibility) to investigate allegations of waste, fraud, abuse, and mismanagement in City government.  See  The next step is to research and develop an actual policy handbook for carrying out this important role, and I will do that in this next term. 

  • Designating the Council Committees and Chairs Annually. Every January, the mayor appoints the council committee members, with the consent of the council. In recent years, the Council has directed that all committee work be done only in the Committee of the Whole (and, very infrequently, the Admin Committee). This summer the Council will be considering a return to “traditional committees”. If that’s approved, the strong mayor will set the tone and direction of the committees through the committee appointment and chair appointment process.

  • Taking Direct Control of the Government in a Declared Emergency. In a crisis (tornado, flood, derecho, riot, etc.), the government cannot wait for the council to provide guidance. This is a key reason the “chief executive” exists in the American system of government. The mayor must be ready to exercise the emergency powers granted by state law and city code, must understand the mayor’s vital roles in the City’s Multi-Hazard Emergency Operations Plan (EOP). This year, I am directly overseeing an overhaul of this critical handbook which was last updated in 2015. We will clearly define the emergency responsibilities of the mayor and administrator, since the EOP is currently ambiguous; the Administrator position did not even exist when the plan was last updated.

    As a strong mayor, I’m also working to ensure that we can effectively exercise and train with the plan, so that city personnel are as ready as reasonably possible when disaster strikes. This responsibility is assigned to the Mayor in EOP the To that end, I’m completing advanced FEMA courses in the National Incident Management System, so that I know full well how the system is supposed to work in a crisis. It’s not the mayor’s job to be the Incident Commander (that’s a job for the most qualified expert in that situation)...but I do need to make sure the response is successful. 

  • Setting the Council Meeting Agenda. The Cedar Falls City Council meeting agendas are set by the Mayor (although 4 council members can override to place an item on the agenda). This year the council approved code changes that I authored to guarantee that important power in the City Code. The week before our council meetings, I take several hours to review and approve every single item that is proposed for the council agenda...and to make sure I understand what each item is about. I weigh the appropriateness and timeliness of the item, and sometimes have removed items for further staff work, before I’m willing to send it to council for consideration. If I eliminate an item outright, I inform the council of my reasons, and give them the opportunity to override my agenda change. It’s a respectful exchange, and I fully appreciate the council’s authority to override me, as a “checks and balances” measure. But direct oversight, and final approval, is a vital part of being a strong mayor.

  • Presiding over Council Meetings. A strong mayor needs to have an excellent working knowledge of parliamentary procedure. Presiding over council meetings is one of the most important aspects of mayor service. I’ve been carefully studying Robert’s Rules of Order (our parliamentary handbook) for the better part of three years now, and am continually learning. A strong mayor -- and strong presiding officer -- ensures that all viewpoints can be shared and considered, that dialogue is relevant and civil (sometimes not an easy task). 

The Council Goals and Objectives document, and why it matters!

Being a strong mayor doesn’t mean that I get to make the city do whatever I want. Every Fall, the council gets together and (by consensus) decides the overall direction of the city staff. The council votes on a 30+ page Council Goals and Work Plan each winter...it largely remains unchanged from year to year, but sometimes items get added or removed. This past fall, I reorganized the document significantly to make it easier to read and refer to, and was glad that the council approved it this January with those structural changes.

I keep a copy of these Council Goals on my desk, and refer to it regularly -- highlighted, annotated, and tabbed. It's not just the Council's work plan, but my plan as well.  The City Administrator and I strive to carry out priorities, policies, and goals that are in keeping with the council’s direction in that document.   Sure, I could ignore it if I wanted to (the Council can’t fire me after all!), but I faithlfully carry it out because it’s the right thing to do.  It’s how democratic republics are supposed to work -- The legislators legislate, and the executive executes.

I bring up the Council Goals and Work Plan just to avoid any misperceptions that the mayor has complete discretionary power to do whatever. Just like the state and federal government, if the legislative body has set certain laws or policies, or provided or limited certain funding, then the mayor's powers are pretty bounded. I'm willing to get creative, but I'll never intentionally go against a clear council directive.

The takeaway…

I fully agree that Cedar Falls is best served with a Strong Mayor under a Mayor/Council form of government. As you can see from the above examples, I’m continually working to make sure that Strong Mayor practices are in place. I’ve diligently led the efforts to assert the mayor’s executive authorities, both in City Code and in unwritten customs.  In the years ahead, I'll continue to assert the Mayor's authority as your elected representative to carry out local government -- fairly, effectively, responsibly, and honestly.

Thanks for reading to the end, and for doing the hard work to be an informed and engaged resident.