· Most principles apply also to city boards, commissions, and other public bodies. Your LMC Resource. Research & Information Service staff members are ready to help you apply their broad knowledge to the issues you’re dealing with today. Access online form to submit a question, or call us: (651) 281-1200 or (800) 925-1122.
· Following up on Frayda Bluestein’s excellent post about the appointment of new city and county attorneys, I offer answers to frequently asked questions about the proper role of a local government attorney.. As always, my advice is guided by the North Carolina Revised Rules of Professional Conduct.. For local government attorneys, the most relevant of those rules is …
City Council Rules of Procedur e and Different Types of Meetings.. 9 ... as a municipal official, ask your city attorney when you have legal questions or need assistance with legal issues. As always, the League staff remains ... • The vote to override should occur at the next regular council meeting (ACA § 14-43-504; 14-44-107; 14-45-105). 7
· What if council chambers were arranged as shown in Figure 3? In this drawing, the shaded seats represent the governing body and the unshaded seats represent staff members. As a local government manager, I would put the city attorney and clerk on one side, as key advisers on meeting procedures and processes. Figure 3. Optimal Arrangement A
Legislation considered by City Council takes one of two forms – a resolution or an ordinance. A resolution expresses the views of City Council on a particular topic, while an ordinance directs that a specific action be taken. Resolutions are adopted; ordinances are passed.
The easiest place to start is to email the City Council your idea or request. If they are interested, they will ask staff to look into the issue. You can also send a letter or call us at (415) 485-3074.
The chief-elected official is commonly called the mayor. The mayor may be elected directly or appointed by an elected council, depending on the city's form of government and authority given to the mayor. The city council is an elected body of legislators who govern the municipality.
The City Manager may be removed or suspended from office, subject to contract agreements, at the will of the Council by a majority vote of its entire membership.
A mayor can be thought of as the chief executive officer of a municipality. Much like a chief executive officer of a business, he or she is often responsible for overseeing financial decisions, future planning for the locality, and public relations.
In a council-manager government, an elected city council serves as the city's primary legislative body and appoints a chief executive officer called a city manager to oversee day-to-day municipal operations, to draft a budget, and to implement and enforce the council's policy and legislative initiatives.
The mayor–council government system is a system of organization of local government that has an executive mayor who is directly elected by the voters, and a separately elected legislative city council.
mayor, in modern usage, the head of a municipal government. As such, the mayor is almost invariably the chairman of the municipal council and of the council executive committee.
Responsible for planning, directing, managing, and reviewing all activities and operations of the city; coordinates programs, services, and activities among city departments and outside agencies; ensures the financial integrity of the municipal organization; represents the city's interests; provides highly responsible ...
The City Manager should be trustworthy, respectful, ethical, and having good approachable character and the utmost integrity. He/she should possess strong listening skills and possess the ability to communicate with the Mayor, the City Council, community members, and staff at all levels.
city or town council can take ocial action in two ways: it can pass a resolution or an ordinance. Both actions play important roles in their own way and they share certain similarities. However, there are distinctions between the two and knowing the differences is important.
An ordinance is a local law that usually regulates persons or property and usually relates to a matter of a general or permanent nature. An ordinance is more formal and authoritative than a resolution. Therefore, we recommend your city attorney approve the structure and content of all proposed city ordinances. An ordinance should not conflict with federal or state law. It should also be in harmony with applicable court decisions. There are six (6) rules to remember about passing an ordinance.
The purpose of this Guidebook is to give a summary and overview of the duties of mayor.
“Public Records” are documents that are actually kept or are required by law to be kept and maintained and which record the performance, or lack thereof, of ocial functions. (ACA § 25-19-103). These include the minutes from city council, planning and zoning, civil service, water and sewer, parks and recreation and any other meetings of a committee or commission established by ordinance or appointed by the mayor or city council. In addition, any public record, unless exempted by law, is subject to FOIA. Any citizen of the State of Arkansas may “inspect, copy, or receive copies of public records.” (ACA § 25-19-105). Citizens do not have to state a reason or purpose in order to inspect city records.
The Arkansas Municipal League, established in 1934, is an agency of the municipalities of Arkansas. The League has a voluntary membership and was created to assist cities with information, services, and representation in the public affairs of our state and nation.
It is composed of 30 members, six ocers elected at the annual League Convention and 24 additional members appointed by the president. Chosen by the Executive Committee, the executive director is responsible for administering the League’s policies and programs. He selects his staff, and together they work to provide Arkansas municipalities the best in League services.
The Arkansas Freedom of Information Act (FOIA) (ACA § 25-19-101 – 25-19-107) is a law with which all municipal ocials should become familiar. Municipal ocials who negligently violate the FOI Act may be penalized by a fine of $200 or 30 days in jail or both. In addition, citizens may sue for violations of the Act and, if successful, recover their attorneys’ fees.
Refrain from doing so, unless it is a part of one’s obligations to the city. The most prudent course for a city council member is to refrain from taking action or otherwise becoming involved in any supervisory role, with respect to individual city employees.
This column is provided as general information and not as legal advice. The law is constantly evolving, and attorneys can and do disagree about what the law requires. Local agencies interested in determining how the law applies in a particular situation should consult their local agency attorneys.
I’ve come to the conclusion that the basic premise of the council chambers design is flawed. The previous paragraph used the word “audience” twice, and you, as reader, probably thought nothing of it.
What if council chambers were arranged as shown in Figure 3? In this drawing, the shaded seats represent the governing body and the unshaded seats represent staff members. As a local government manager, I would put the city attorney and clerk on one side, as key advisers on meeting procedures and processes.
1 2012 Census of Governments, https://www.census.gov/content/dam/Census/library/publications/2013/econ/g12-cg-org.pdf
City councilmembers, county supervisors, and other elected officials represent the citizens. Staff-such as traffic engineers, waste management specialists, budget directors, IT professionals and others-are the experts who make government run.
Many of the ethical issues that come up between elected officials and staff are best seen through the lens of virtue ethics, especially the virtue of respect. Elected officials need to show respect for the expertise of staff and avoid undercutting their efforts by ignoring the evidence-based solutions they propose.
Many newly elected officials have an imperfect understanding of the division of labor between council and staff; they may act as though staff work for them as individuals and should be responsive to their individual priorities and the needs of their specific constituents.
Moreover, any “decision,” (defined in part as any determination, action, vote or disposition, or public policy) may not be made in the closed session. Put another way, no motions or Board actions should be taken in closed session. No discussion of public policy should be made in closed session under this exemption.
The Open Meetings Act provides a public body may move into closed session [t]o consider the dismissal, suspension, or disciplining of, or to hear complaints or charges brought against, or to consider a periodic personnel evaluation of, a public officer, employee, staff member, or individual agent, if the named person requests a closed hearing. A person requesting a closed hearing may rescind the request at any time, in which case the matter at issue shall be considered after the rescission only in open sessions.