On the effective functioning of council-manager governments

There are more than 50 cities in Washington operating under the council-manager form of government. Each has a city manager who works for, and with, a city council. What is the role of a city manager as it relates to a city council? What can a city manager do that a council cannot? And what can a council do but a city manager cannot?

The nature of a city council is probably understood, but what exactly is a city manager? In a sense, the manager has similar duties to those of a mayor in a mayor-council city. But whereas a mayor is elected, the city manager is not; he or she is selected by, and can be removed by, the city council. A city manager is a professional, typically with specialized education, training, and experience in municipal issues. The manager supervises the day-today operation of the city government, implements policy decisions, and may assist the council in the development of new programs. The city council, on the other hand, is the city’s legislative branch and policymaker. So the council and the manager have separate but connected roles, both instrumental to the city’s operation and success.

Problems between the manager and the council typically arise out of confusion over the distinct roles that each fills. For example, a councilmember may ask the clerk to prepare a comparison of the city’s revenues over the past five years, taking the clerk away from assigned work requiring attention. The manager may place a controversial issue on the council’s agenda, giving notice to the public, before the council is prepared to consider it. The manager may refuse to provide a record requested by a councilmember, arguing that the record really isn’t needed by the council. Or the council may insist that the manager discipline or terminate an employee who has received complaints from the public.

In other words, when the roles get blurred or improperly exercised, inconsistent with law, there can be problems! So, what are the proper roles of each?

Problems between the manager and the council typically arise out of confusion over the distinct roles that each fills.

The city council has authority to create positions necessary to carry out the city’s programs and responsibilities. Although the city manager may offer suggestions, it is the council that creates positions and sets the salaries, wages, and benefits for each. The council may also set the qualifications needed to be hired into a position, and, if it does, the manager uses them to make his or her selection. If the council has the power of confirmation, it may confirm the manager’s selections, so long as no qualifications have been adopted for a particular position. If the person selected by the manager is not confirmed, a new selection is made, and the confirmation process begins anew. (If qualifications have been adopted, the person selected is not subject to confirmation.) Once the workforce is in place, the manager has the sole authority to supervise, set work assignments, discipline, or terminate employees, all without council involvement.

While the city council may offer suggestions to the manager on how the daily operation of the city should be handled, operational duties are administrative and exclusively under the manager’s control. The council has no authority to give orders to staff, and in fact, contact with staff should occur through the city manager, except at council meetings (a requirement that may not be totally realistic).

While the city manager may offer policy suggestions for the city, it is the council that determines which policies it will adopt, as those decisions are legislative in nature and are solely under its authority. Perhaps the most important policy decision a council makes is the adoption of the city’s budget. By statute, the city manager prepares the preliminary budget and provides it to the council; the council reviews the proposals, conducts hearings, makes revisions it determines appropriate, and then makes its final decision by ordinance. The council’s decision is not subject to veto, since the manager does not possess authority to veto any ordinance, unlike mayors in mayor-council cities. After a budget has been adopted, the manager periodically reports to the council on whether revenues and expenses are consistent with projections and if any amendments are needed.

The city manager oversees implementation of the budget, although the council continues to have an important role in its operation. If a contract is needed to carry out a program, such as for supplies, equipment, or professional services, the council must approve the contract, whether it be for the purchase of a box of paper clips or the construction of a building. Typically, the council will delegate some contracting authority to the manager to reduce its involvement in more routine matters and will place limits on the value or nature of the contracts the manager may approve. (The council can, of course, revoke its delegation, if it so chooses.) The council’s role in the contracting continues even after a contract has been signed: payment requires that the council satisfy itself that the expenditure was contemplated by the budget, money is available, and the work has been performed as contemplated and is complete.

Governing is not easy. Sometimes it is not clear whether an action belongs to the council or to the manager. But if the council and the manager recognize and abide by their respective roles, conflict can be better avoided, goals better accomplished, and the public better served.

Paul Sullivan, a legal consultant with MRSC, has served as Ellensburg’s city attorney and was an assistant city attorney for Vancouver; he also was twice employed as a staff member with the Seattle City Council.