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MIN CHC 1989-10-31
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MIN CHC 1989-10-31
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Last modified
7/19/2018 10:49:51 AM
Creation date
4/9/2018 3:22:18 PM
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AGE/MIN (Charter Comm.)
Agency
Charter Commission
Year
1989
Meeting date
10/31/1989
Type
MIN
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AGE CHC 1989-10-31
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\County Clerk - Council\County Clerk\Charter Commission\1990\Agendas
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system. Without taking sides on the merits of the arguments, I <br /> think it is fair to summarize the testimony as follows: <br /> Proponents of the council-manager system argue that the <br /> office of chief executive ought to be filled by a professionally <br /> trained individual with experience in administration. They also <br /> maintain that the division of functions and powers between the <br /> executive and legislative branches leads inevitably to wasteful <br /> conflict between Council and Mayor over their respective powers <br /> and responsibilities and to disagreements which detract from the <br /> County's ability to pursue a consistent and uniform policy. <br /> Opponents of the council-manager system argue that an <br /> elected Mayor makes the government more responsive to the voters; <br /> that the appointed County Manager is vulnerable to shifts in <br /> Council coalitions; and that adequate professionalism can be <br /> assured within the present system. <br /> If this Commission decides to place the council-manager <br /> system on the ballot for approval by the voters, it will have to <br /> extensively rewrite the Charter. The most practical approach <br /> would be to present an entirely new Charter to the voters for <br /> consideration rather than to amend the present Charter to conform <br /> to a council-manager plan because there are too many sections <br /> which would have to be changed simultaneously. A number of <br /> subsidiary questions would have to be decided, including: <br /> --whether to eliminate the office of Mayor entirely, or to <br /> have a Mayor for ceremonial purposes, and if so, how to select <br /> the Mayor; - <br /> --whether appointments to boards and commissions would be <br /> made by the Manager or by the Council. (In council-manager <br /> communities, the Manager usually makes all appointments, <br /> including boards, commissions, and department heads) ; <br /> --the job tenure of the County Manager. (The manager <br /> typically serves "at will. " Some jurisdictions require a hearing <br /> or some special majority for removal) ; <br /> --the procedure for appointment of the Manager, and the <br /> required qualifications; <br /> --whether to retain the present structure of departments and <br /> commissions (especially whether to place the departments that are <br /> now under the control of commissions under the Manager instead) . <br /> There are "model" charters based on the council-manager <br /> system which we can use for guidance in drafting a new charter if <br /> the Commission decides to place this proposal on the ballot. <br /> From a strictly legal point of view, the County has the <br /> authority to switch to a council-manager system by enacting a new <br /> charter. However, there are innumerable references in State law <br /> to functions that are supposed to be exercised by the mayor of <br /> the county. I would not interpret these references as a <br /> 659 <br /> -2- <br />
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