MDOT Secretary Responds Concerning Possible Loss of 921 Bus

CP just received this note from MDOT Secretary John Porcari (CP apologizes for the formatting):


Dear Mr. Foer:

Thank you for your email to Governor Martin O’Malley regarding the Maryland Transit
Administration’s (MTA) proposal to eliminate all service on Commuter Bus route 921.
Governor O’Malley received your correspondence and asked me to respond to you on his behalf.Because of the current national economic downturn, the State’s Transportation Trust Fund can not support the MTA with its required operating resources. I deeply regret the necessity to curtail any public transit services, but some hard decisions are necessary. Several Commuter Bus routes are being eliminated, and others reduced. The MTA is trying to impact as few customers as possible. Route 921 passengers have options that allow them to use the 922 or 950 Commuter Bus routes. It is essential to maintain public transit services to areas where no other options exist. Transit service on all routes surrounding the holidays will be eliminated in order to reduce our operating expenses.

All of these proposed cuts will realize savings of approximately $6 million and, along with a
reduction in MARC Train service, the MTA should realize a total of $10 million in savings. As
you probably know, the MTA has been conducting hearings on the proposed service eliminations and reductions. I can assure you that your letter will be given full consideration before final decisions are made.

Thank you, again, for your email. If you have any additional questions or comments, please
contact Mr. Glenn Litsinger, MTA’s Acting Director, Office of Customer Information, at
4 10-767-8358 or by email at glitsinger@mtamaryland.com.

Sincerely,


John D Porcari
Secretary

Thank you Secretary Porcari. I can't say I am surprised. We're going to save $10 million. We have a major budget problem. Transit is an easy target-always has been and always will be. We protest. We lose. First the loss of the 210 and now the 921. When will it end? If the MTA were a quasi-public authority instead of a state-owned regional system (the only one of its kind in the US to my knowledge) this might not have happened! My next windmill-charging battle may be a statewide campaign to transform the MTA-which DOT has fought before. By he way, I did write to Mr. Litsinger....and never heard back. Paul Foer

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A Lawyer-Blogger Comments About City Attorney Stephen Kling

Bruce Godfrey, a lawyer and veteran Maryland blogger had some nice comments to say about CP and added to our legal understanding of the Stephen Kling de-certification controversy. Concerning Kling's failure to file required forms, Godfrey wrote:

As Foer noted, "You'd think this would be pretty easy to do" and he's right: it is. The only mitigating factor is that the CPF dues form, the escrow filing and the pro bono filing are not done the same way; the latter two can be done online and are due on a different annual schedule from the green-enveloped dues form, which currently cannot be completed online, only by dead-tree check.

Godfrey concludes, as only a fellow blogger can do, by saying, "congratulations to Paul Foer on the sort of good scoop that local bloggers can do best."

I appreciate Godfrey's kind words, his continued interest in Maryland politics and for offering insight that only a legal scholar can offer--and such insights are welcome in the blogosphere. See his post at: www.crablaw.com .

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Even KLINGon lawyers have to obey KLINGon law.

KLINGon law indeed. This is just a cartoon. Any resemblance to any individual is purely fortuitous and coincidental and this should not be construed as having any relation to any person, either real or fictional. Even KLINGon lawyers have to obey KLINGon law.

By permission of the creative folks at toothpastefordinner.com

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The Wacky, "Wacist" World of Weikel: Pandering and Demagoguery In Annapolis

If you want to know how to turn the city manager issue into a racial matter, ask Chuck Weikel. In his latest email blast to supporters and citizens, Weikel, a member of the AA County Democratic Central Committee, an occasional employee of Mayor Moyer (parking coordinator? former? current?) and the head of Annapolis Alive! plays the race card and insults the intelligence of half the city council and of all Annapolitans.

See for yourself what Weikel is saying to the many people on his email list:

The City Manager is Unfair to Minority Groups

The City Manager legislation being supported by some Aldermen would let the majority of the Council decide who would be the CEO of our City.So who is this majority? Assuming that the Council were voting today to appoint a City Manager, the likely 5 majority votes scenario for the 5 majority votes needed to appoint would be:

-- 100% White
-- 100% Male
-- And 90% + of their constituents live above the poverty line and not in public housing communities.

Forget for a moment the extremely improbable case that a woman or an African American or economically disadvantaged person might actually get appointed City Manager. Which Annapolitan communities are likely to receive attention and resources from a City Manager and which will not?

When the majority speaks without restraint the outcome will be clear.

Mayors are elected by coalition and consensus of all Annapolitan communities. The larger the coalition, the more likely an individual is to get elected and thus the larger representation of women, African Americans and the poor in the execution of government services.

Stop the undemocratic disempowerment of Annapolitans by this Council. Question their motives.

Stop the City Manager legislation.

Click here to register to vote!

The time to Energize and Organize is now.

79 West Street
Annapolis, MD 21401
410 919-8147
info@democratsforchuck.com

by authority Democrats for Chuck - Colleen Purcell, Treasurer

______________________________________________________________________

Such baseless pandering and demagoguery cannot go unanswered. If Weikel wants to debate the city manager amendment on the basis of facts and studied analysis, that is one thing, but this is what is known in polite circles as BS, and by that I don't mean building solidarity.

First off, what Weikel is doing is siding with his arch political opponent, Alderman Dave Cordle, a white male who happens to be a Republican and mayoral candidate who on this issue, seems to be on the side of the mayor (a woman) and two black alderman as well as possibly another white male. Oh-why am I even going there? I guess because Weikel did. So, is this really about race and gender? Only if you want to see it that way.

Second-The City Manager is not going to be the CEO of the city. The City Manager will be the Chief Administrative Officer or CAO of the city. As council chair, the Mayor will effectively remain as the Chairperson of the Board. But as a businessman, Mr. Weikel should know that it takes special skills and experience to be a CEO, so why does he recommend that we continue to elect people to head our big budget bureaucracy who have had little or no management experience?

Third-If this is not pandering, then what should we call it? Weikel seems to hold the majority of us who live above the poverty line and not in public housing communities in some form of contempt. In case Mr. Weikel has not noticed, the majority of the city is also white.

Fourth-Why does he mistakenly suggest that the two black alderwomen and their constituents (are they all black and female?) will lose out? One of them narrowly eked out a win against a white male. Does that mean we should redraw the ward line? Having a city manager will return power to the city council, and they are the direct representatives of the people. Giving all aldermen and alderwomen, black, white, male or female the authority over a city manager will give them more power to represent their constituents--in poverty or in mansions.

Fifth- Weikel writes "Forget for a moment the extremely improbable case that a woman or an African American or economically disadvantaged person might actually get appointed City Manager." How can we forget that for a moment? Why would that be extremely improbable? Perhaps the white male Weikel believes there are no qualified blacks or women for such a job yet of course there are female and black city managers. Why does he assume that simply because a council majority is white or male, that they will automatically hire a white person or a male? What would he suggest alternatively--that if we had a majority black or female, or black female council that it would automatically hire a black or a woman or a black woman? And we must ask--does merit or experience enter in the conversation? And....how could an "economically disadvantaged person" get appointed city manager? Good question Chuck. We expect to pay over$150k per year for such a position. I think women and minorities should get a chance at such a job--or do you want to deny them that and have them settle for the mayor or city administrator's job for much less money?

The city manager job is very much a job for minorities that requires but two things--education and hard work. They don't have to raise a lot of money or come from a politically connected family to get elected, they just have to study and work hard to get ahead. For example, a black woman may not be able to run for or get elected as mayor, but she might be chosen as city manager by a council with blacks and women on the council. I say might be. But why discuss it in these terms? Let's not forget who is playing the race card here. If Weikel wants to make such claims, he should use some facts.

Sixth--In its long history, Annapolis has never had a black mayor and we only got our first woman mayor seven years ago, so what is his point here? And ever since we have had city administrators, every single one of them has been a white male. Again-what is Weikel's point?

Weikel believes this is an attempt at the "undemocratic disempowerment of Annapolitans by this Council". These last seven years, he's been working for our first female mayor who has been undemocratically trying to disempower the council and all Annapolitans. That's where Weikel, a white male has been, working for a white woman.

As a member of the County Democratic Central Committee, this is not the first time he has publicly attacked elected Democrats, in this case Aldermen Shropshire, Israel and Arnett. When are Democratic leaders going to say enough is enough? Maybe they should insist he be replaced by a black woman? (After all, aren't angry white males over-represented already?)

(CP will soon publish an exclusive on why County Councilman Josh Cohen opposes a city manager style of government)

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City Manager Part Two: Mike Malinoff- and Newport

Mike Malinoff was appointed by Mayor Moyer to be the first director of the Department of Neighborhood and Environmental Protection (DNEP). He had been the city manager for Newport, RI. and his salary began at $80,000 in 1995. It rose to $96,000 in 2002. Here is how Newport Mayor Rodericks described Malinoff to The Newport Daily News, when he was chosen out of 93 applicants, of which only six were interviewed:

"He comes across as a very dynamic individuals. He has a wide experience in areas that were important to us. We want to have more of a quality management approach to City Hall staff."

The News discussed our two cities, similarly to what CP has done before at: Annapolis Capital Punishment: Let's Squawk Annapolis: and here Annapolis Capital Punishment: Newport : City Manager , Annapolis ... . The News continued:

Malinoff comes to Newport from a waterfront community of similar size with many of the same concerns. Annapolis, a city with a population of about 34,000, has a $29 million operating budget. Newport has a population of about 29,000 and a $44 million annual operating budget.

Whoa! Stop presses--our budget is now $81 million! Newport's budget for 2008-09 is just under $77 million BUT it includes about $23 million for its school system. So, Newport's budget rises from $44 million in 1995 to $77 million today, including about 30 percent for its schools, while the Annapolis budget SKYROCKETS from $29 million to $81 million, or almost triples in the same period. In 2007, Newport also had about 800 employees, but that also included the school system. The article concludes with a quote from council member B Mitchell Simpson lll:

"The city manager works for the City Council. He will serve at the pleasure of the City Council."

Indeed. This is something all Annapolitans need to understand. And this is why the current mayor and those wannabe mayors oppose this form of government. Consider that Malinoff now earns in excess of $100,000 per year as do all department heads--and to remind you again, he earns more than does our mayor and city administrator--his supposed supervisor.

Soon after assuming his Newport position, Malinoff acted quickly and decisively to freeze spending to avert a deficit. Mr. Malinoff might make a viable candidate for our city manager job--except for one glaring problem--he is too politically involved here. And there again we see an important reason for hiring a city manager--from outside, with no connection to Annapolis and based on his or her experience--elsewhere. After all, if we elect a mayor to lead, that is what a mayor should do. Let a manager manage. How many people interested in running and serving as mayor can both lead and manage? How many people in our city are qualified to do both? On the other hand, we will conduct a national search for a city manager, as did Newport, and bring in competency without political intrigue.


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Shades of Lemony Snicket: Moyer Calls Attorney Fiasco "Unfortunate Incident"

The story CP broke yesterday morning about Acting City Attorney Stephen P. Kling has reverberated in the media and at city hall. On my way to the city council emergency session today, Mayor Moyer snidely remarked about how gleeful or satisfied I must be about all the publicity and notoriety I am getting. Okay Ellen. Riiiigggggghhhht--if that's what you think....(geeze I got a mention in the middle of the newspaper's story). This is what she said in today's paper:

Ms. Moyer said the "unfortunate incident" was being blown out of proportion by Mr. Foer and aldermen interested in publicity.

The beleauguered mayor bitterly complained, "But no, everyone wants to run to the press," she said.

Unfortunate Incident Indeed! Shades of Lemony Snicket. Run to the press indeed! Uhh...Capital Punishment is the press. The document is public information--at least to everyone but Mr. Kling and you the mayor. Hey Ellen--wake up and smell the coffee! This is what reporters do and we do it because politicians like you don't always do what they are supposed to do!!! And you call yourself a supporter of representative government?

At the emergency meeting (and there is even some question as to whether it was legally constituted as such....) Alderman Cordle and Moyer sparred over whether emails were received or phone calls were returned. A most humbled and apologetic Mr. Kling, clothed in boat moccasins and a ski sweater (was he expecting a wet and cold reception?), told the mayor and council that he acted immediately to get re-certified by filing the necessary papers, and the mayor seems to have acted quickly and properly by communicating with the Attorney General's Office. However, what impact this might have on legal work Kling has already provided, has yet to be determined. Alderman David Cordle called the meeting, and he and the mayor bristled at each other a couple of times

This calls into question not only the competence of Mr. Kling of course, but also the lack of action on the part of the state, namely the Client Protection Fund, the mandatory state bar which acted to de-certify Kling over two years ago. How could his continuing to practice law have gone unnoticed at their end? You'd think this would be pretty easy to do. Although he did not file the appropriate papers, Kling has been paying into that fund as required annually, according to City Public Information Officer Rhonda Warldaw.

Just as accountants crunch numbers, lawyers deal with papers. They read, write and file briefs, motions, opinions, notices, appeals, summons etc. It is more than a bit odd that a lawyer would fail to file a required document that all lawyers have to file or risk de-certification! He failed the "file-the-one-paper-you-have-to-file" test and it makes me wonder what other papers he might have misplaced, misfiled or forgot to file.

It gets worse. A lot worse. An email of legalese sent to aldermen and the mayor by Annapolis lawyer C. Christopher Ledoux, strongly argues that neither city nor state law even give the mayor and council authority to appoint an acting city attorney! Now, who do we turn to for an "official" opinion? And who is our "acting" city attorney now?

Alderman Ross Arnett may have said it best of all, "It's one more time we give the appearance we don't know what we are doing," said Mr. Arnett, arguing the incident further illustrates the need for a professional city manager in Annapolis.

See the newspaper story today at: Kling
The Sun weighed in on Friday morning saying "Kling filed the paperwork Wednesday after a blogger brought the issue to light in an online posting and in an e-mail sent to council members and to Moyer's office."
The AP picked it up and the story has now been covered by many other media.

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More on City Manager, Newport and Mike Malinoff

Our coverage of the city manager issue now turns to Mr. Mike Malinoff, Mayor Moyer's hand-picked head of the Department of Neighborhood and Environmental Protection (DNEP), which she seemed to have created specifically for him after he left his position as city manager of Newport, RI. We have made a number of posts about the city manager issue and have been reporting on current events in Newport, not only because it has many similarities to Annapolis, and has a city manager, but because of Mr. Malinoff, whom the mayor has pointed to as evidence of professionalism. (CP is indebted to Joe Baker of the Newport Daily News for his assistance in preparing this report)

A lawyer with experience in state government, he was hired as the city's first administrator by former alderman and Mayor Al Hopkins when Moyer served as alderwoman. He served for about six years in Newport, more than that of many mayors I will add. An article in the Newport Daily News on Jan 1, 2002 covered his departure. I have heavily excerpted the article for brevity:

Mallinoff, 44, will receive a lump-sum payment of $72,266, equal to nine months salary, and six months of health insurance benefits as a severance package. He was paid an annual salary of $96,354......A six-page press release prepared by Nicholson and Mallinoff's attorney, Stephen A. Haire, indicates that the new City Council sworn into office Jan. 2 had informed Mallinoff that it wanted to review the terms and conditions of his contract. As the parties were unable to agree upon terms, the City Council and city manager determined that it would be in their mutual best interest for Mr. Mallinoff to resign," it states…..

…But the city's financial health bounced back during Mallinoff's tenure. …
Mallinoff's ultimate vindication came last November, when Moody's Investor Service upgraded the city's bond rating for sale of general obligation bonds for the Thompson Middle School and Newport Public Library projects, allowing the city to benefit from lower interest rates........

During last year's election campaign, Mallinoff lost key supporters when council members Dennis F. McCoy and Joseph P. Pratt chose not to seek re-election. The new council was elected to a three-year term because of a charter change to make city elections, which had occurred in odd years, coincide with state elections starting in 2004.
(ANNAPOLIS—take note of that last sentence!!!)

Many council members and residents criticized the city administration for an audit that was released 10 months late and long after it could have served as a tool in budget preparation. While the audit cited the city's healthy cash surplus, it also found significant deficiencies in the internal reporting procedures in the Finance Department. Last December, Finance Director Frances H. Shocket resigned, and the city is in the process of finding her replacement.

What this clearly shows is how the city council, which elects the mayor does indeed represent the people to run Newport and by their actions, controls those of the city administrator. In part two, which will be published tomorrow, we will go into further detail.


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Klinging On To The Mayor: City Attorney Stephen Kling Was De-Certified to Practice Law – Over Two Years Ago

Capital Punishment has learned that mayoral appointee and Acting City Attorney Stephen Kling was de-certified to practice law over two years ago! CP has confirmed that Kling does not appear in The MD Client Protection Fund database because he was de-certified for noncompliance with pro-bono requirements (Maryland Rules of Procedure 16-903) on 9-15-06 through which the Court of Appeals mandates that every attorney must report on their pro-bono activities each year or risk decertification. This is not discipline, but a decertified attorney is in effect disbarred and is not supposed to be practicing law. According to the Pro Bono Office, attorneys receive repeated notifications and follow-up phone calls if the forms are not received. See the database at courts and the letter of the law at: pro bono

As I have reported, Kling has been a donor at Moyer's fund-raisers, although we remain unclear why the lame duck is raising money.

For the record, I was a plaintiff in a lawsuit and Mr. Kling represented the defendants. This was a few years ago, and eventually the defendants agreed to settle with me for everything that I had originally asked for when litigation became a last resort because Kling and his clients refused to even discuss a settlement. Kling was nervous, disorganized and not terribly impressive. I do not like people who cannot look me in the eye--and that would include him. My lawyer was frustrated in his dealings with Kling who was often unresponsive and late with filing required documents.

One has to wonder why a lawyer in private practice at what should be the height of his presumably high-earning career would take this job with a highly unpopular mayor with one year left in office. The research I did with the Maryland Court system case search about Mr. Kling shows that he has litigated mainly for boating clients such as yacht brokers and generally with judgments only in the low-thousands of dollars, some for even under a thousand. He can't seem to fill out a simple form required by the court that every lawyer in MD is supposed to do. How could he not know this--especially for two years? Eventually, if Kling and the mayor wish for him to stay on, he will have to move from "acting" to the real thing and he will have to get re-certified. Even so, when the next mayor comes along in a year, his job will again be up.

For now, Kling and Moyer have some explaining to do to we the people. Until this matter is straightened out and if Kling gets re-certified, he should immediately stop practicing law. Now. Today.

He is listed as a member of the Anne Arundel County bar, but his address appears as 703 Giddings Ave., #U-6 Annapolis, MD. Could he have failed to inform his own bar association that he is now city attorney for the county seat and with a different address? See: aabar (Some of the legal records online at MD C0urt web-site show his address at city offices on Gorman Street.)

The City Charter Article V, section4 states that, "The office of the mayor shall include the general counsel for the city who shall be known as the city attorney. The city attorney shall be appointed on the basis of his/her knowledge of municipal law and administration, shall be a member in good standing of the Bar of Maryland, shall have been actively engaged in the practice of law in the state of Maryland for at least five (5) years, and shall not maintain a private practice except to the extent authorized by the city council. (Added by Res. CA-8-98 § 1 (part))" There are a number of red flags raised by that including Kling's knowledge of municipal law and administration and whether he is a member in good standing of the Bar of Maryland, which I could not confirm online. And is he still maintaining private practice?

Kling was found guilty in September of this year of operating a motor vehicle with an operator or occupant under the age of 16 not restrained by a seatbelt or child’s safety seat in August. If you are interested, he drives a 1999 Ford. Fancy that. A ten-year old Ford. Have you driven a Ford---lately?

The previous and much-younger city attorneys, Shaem Spencer and Paul Goetzke both left their positions to become judges. Yes. Kling does appear to be different and he may give new meaning to the term "acting" city attorney, but must the show go on?

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Charity--Keeping It Local....

The Community Foundation of Anne Arundel County along with its initial funders, the Judy Family Foundation, Carol and David Cronin, and the Morrell Family Foundation, has started a special Help Our Neighbors campaign that will provide money to local charities that assist families and seniors struggling to meet day-to-day expenses.

This special fund raising appeal is in response to significant increases in calls for urgent assistance for basic human needs here in Anne Arundel County. Your support of the Help Our Neighbors campaign will make an immediate difference in the lives of local families in need.  To donate to the campaign go to www.cfaac.org and click "Donate".  100% of your contribution will be immediately directed to local charitable and faith-based organizations with the proven ability to determine eligibility and deliver assistance. The first $10,000 raised will be matched.  Please join us in this effort today.  Your contribution will be doubled!
Due to the recent economic crisis, families and seniors across Anne Arundel County are finding themselves in trouble.  Rapid increase in the cost of food, utilities, and other necessities are presenting a triple threat to their well-being and quality of life.  There are news stories on television or in the paper daily about food banks with little or no food and homeless shelters having to turn people away.  These stories highlight the critical needs facing many of our neighbors.

Our neighbors in crisis are not limited to the chronically unemployed or homeless.  Frequently, employed middle class families are falling victim to the financial squeeze.  Families and seniors who previously have not asked for assistance find they have no choice as they teeter on the edge of financial crisis, even if the wage earners work multiple jobs.  A car accident, broken pipe or serious illness can push a family over the edge.  Our fund is here to answer these one-time needs.

   

Please go to www.cfaac.org and click "Donate" or mail your gift to the Community Foundation at 914 Bay Ridge Road, Suite 220, Annapolis, MD 21403.

Your gift to the Help Our Neighbors campaign can make a difference in the lives of Anne Arundel County residents in need. They are our neighbors. Together we can reach out to help.

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CP Bloggs About Boggs--Starchitect Plans to Re-Brand Ego Alley

STARchitect Joe Boggs' asserts that his design slated for City Dock's National Sailing Hall of Fame (NSHOF) "can re-brand the city and the state". Might that possibly be considered grandiose self-aggrandizement? If you ask a hundred people what is our "brand", you'll get a hundred answers.

In spite of the fact that the NSHOF building should be carefully scrutinized because of its use of public money and its high-profile, public location, the local newspaper uncritically heaps praise upon praise for the design, using the term "rave reviews" twice in the first two sentences of its story which also said "the presentation drew 'oohs' and 'ahhs' ". The NSHOF building will complete a triad of Boggs' buildings along the downtown waterfront—at least until the rising sea level covers them over later this century. Boggs designed the nearby and inspiring Uriah P. Levy Jewish Chapel at the Naval Academy which has received much deserved acclaim. Also nearby is the Annapolis Yacht Club where Boggs took an outdated structure with design and space constraints and turned it into an attractive and functional building combining different aesthetic elements.

Many of his other designs are an entirely different matter, and I could comment, but this is not an article about architecture--or is it?

See the local newspaper's coverage at re-branding the state and city? .

The Washington Post’s article says that Boggs “likened its iconic potential to Baltimore's aquarium, St. Louis's arch, the Sydney Opera House and the I.M. Pei pyramid outside the Louvre…It completes an unfinished end of the city," Boggs said. ‘It's something that redefines the city’. "

Sydney Opera House indeed! Oh yes, and people often compare my iconic writing to that of Mencken, Hemingway and Twain. It too completes an unfinished end of the city. Yeah.

See the Post's article at Bogged Down (By the way, the reporter is named Ashley Halsey lll...sounds like his?/her? name or that of his?/her? grandpa/grandma? should already be in NSHOF)

If its attractive and engaging web-site is any indication of what's to come, the NSHOF will be top-notch. See NSHOF and view its film narrated by local sailing icon Gary Jobson and including Walter Cronkite, the most trusted man on television, and sail champ Ted Turner, the mouth of the South. Check out the deep-pocket contributors and you'll notice a lots of local support--and that's a good thing. The NSHOF will be a positive attraction for Annapolis if it will :
be accessible and inviting for all
advance the sport and pursuit of sailing for all
interpret our sailing heritage in an honest manner for all

But if it's just a “feel good” kind of thing for rich, white-guy, yachtey, blue-bloods, I would say please go to Newport. I do believe and hope it will be here and will be the former. See my previous post about NSHOF at NSHOF-March,08 .

Rather than getting bogged down in design details, let's do consider sea level rise. When the only things poking above the water like so many periscopes will be the historical domes and spires and the rooftops of the older, iconic buildings and Boggs' newer (and potentially iconic?)buildings, we will perhaps rename Annapolis as "The Great Bogg" which might satisfy the re-brander.

In conclusion, is this an article about a building, a nascent institution, a city and its future, or about an architect? Just as beauty is in the eye of the beholder, it will depend upon whom you ask, but I can guess what Joe Boggs will answer.

Perhaps it would be wise for us not to stare too closely or for too long at our own reflections or the reflections of our creations on the water.

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City Manager-Questions 11-20

Local activists Bill Kardash and Doug Smith complete their FAQ's about the city manager issue in this third and final installment. CP again thanks Doug and Bill for their efforts on this important charter amendment.

12. Is the problem that the voting public cannot be trusted with choosing a manager?
The voting public elects the mayor. The voting public has no way of knowing if a candidate is a skilled manager. The political process sorts out 1 republican candidate and 1 democratic candidate. So we hire a good political leader that we like. With the current system, we basically cross our fingers and hope the mayor can also manage.

The current system also requires the mayor to hire the city administrator. When the mayor is doing the hiring, you can be pretty sure the mayor will hire someone who will support his/ her political agenda - which may or may not yield the best management talent for the city.

13. Is the problem that the Mayor has too much control?
Yes. The mayor does have too much control. This can easily lead to hiring or firing people based on politics – a bad performer can stay on the job if that person is loyal and supports the mayor. A good person can be fired for speaking the truth or presenting a view that is opposed by the mayor.

14. Is it that the Mayor has too little control?
In the current system, the mayor has 100% of the power. This is not good government. There is no check and balance. Bad decisions can be made, poor contracts can be executed that are not in the best interests of the city.

15. Is it that the Council is not effectively engaged?
The council has very little control or oversight. Remember the mayor is full time, and aldermen are part time, with no staff. The council has no control of consultants that are hired. The council members are not trained in public finance, or administration. For an $81 M budget, and 530 employees, this is a very large operation, requiring professional, non-political management.

To tackle the budget, council members are completely without the necessary skills. And since the mayor controls the department heads, it is extremely difficult for the council to get sufficient information to make informed decisions, so they do the best they can, and usually get backed into a corner or time pressure forces them to vote for things they don't understand.

16. Is the problem the lack of accountability?
Currently, the mayor is accountable and if you don't like the job being done, you have to wait 4 years to make a change. With a city manager, everyone will know when things are going well, and when things are not going well, you fire the city manager – without waiting until next election cycle. By the way, the average tenure for city manager is 7 1/2 years. Good city managers stay on the job and continue to do good work.


17. Is the problem that no one on the Council understands how to run a City?
City council is not supposed to run the city. Operations should be done by a competent city manager.

18. Is it that no one on any future Council will ever understand?
We should try to elect the best council members - their job should be to set the broad vision - such as vision for city dock, a long term traffic plan, along term parking strategy, a capital program to fix the water works, etc. They don't have to understand the details, they set the direction and the city manager should figure out how to get it done.

19. Is it a lack of institutional (municipal) governance knowledge?
Council members and mayors will come and go, the city manager will have extensive operating background, having solved similar problems for other cities. City manager, if competent, will stay on from one mayor to the next – this gives us continuity.

20. Is the problem poor legal knowledge?
I’m sure the city has very competent attorneys, as long as the law department works directly and only for the mayor, the city attorney will always try to do what the mayor wants. A better system puts the law department under the city manager - in that way all city officials can get good legal advice. The law department should be able to give objective advice, without worrying about losing their jobs.

CP will continue to monitor and write about this issue which may come to a vote early in the new year.

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