CITY COUNCIL/MAYORAL RELATIONSHIP
The municipal government of our town is set forth in a charter … what you might call a mini-constitution for just Alexandrians. It is known as a “mayor-council” form of government.
When that system is properly in place, there are two divisions set forth right away—— the legislative (council) and executive (mayor). And, just as we learned in high school civics, there is a system of checks and balances and separations of powers within these two divisions.
Consultants, employees, and other enumerated items should be the prerogative of the mayor who is elected at large by us, not individual council persons; however, individual council persons and two at large members should approve of what the mayor does to be a check against the mayor. It is when these roles are reversed, or in total conflict, that government slows down, and ceases to perform its basic functions.
These actions require council approval, but should not necessarily originate with the council:
(1) Adopt or amend an administrative code.
(2) Provide a fine or other penalty or establish a rule or regulation for violation of which a fine or other penalty is imposed.
(3) Levy taxes or assessments.
(4) Appropriate funds and/or adopt the budget for the city.
(5) Grant, renew or extend a franchise.
(6) Provide for raising revenue.
(7) Regulate the rate or other charges for service by the city, including any utility.
(8) Authorize the borrowing of money.
(9) Incur debt in any manner.
(10) Abandon any property owned by the city.
(11) Convey or lease or authorize the conveyance or lease of any lands or property of the city.
(12) Acquire real property on behalf of the city.
(13) Adopt or modify the official map, platting or subdivision controls or regulations or the zoning plan.
(14) Adopt, without substantive amendment, ordinances proposed under the initiative power.
(15) Amend or repeal any ordinance previously adopted.
(16) Authorize any contract on behalf of the city.
(17) Propose amendments to this charter.
The council is the legislative branch of the government and the elected mayor is the chief executive officer and head of the executive branch of government.
The council, according to the charter, shall not in any manner dictate the appointment or removal of any city administrative officers or employees whom the mayor or any of his subordinates are empowered to appoint, except as provided elsewhere in this charter.
“In any manner dictate” seems important in that it shows threats, insinuations, promises, or deals do not belong.
Envisioning the problems that might occur, our framers placed in the charter that except for certain cases listed in the charter, the council members shall deal with city officers and employees who are subject to the direction and supervision of the mayor solely through the mayor, and neither the council nor its members shall give orders to any such officer or employee, either publicly or privately.
What happens if the charter is violated?
Any citizen, including city employees, may bring suit in a court of proper jurisdiction against the mayor or any councilman for violations of that relationship.
What are the legal qualifications for being mayor? They are:
“The mayor shall be at least twenty-five (25) years of age, a qualified elector of the city and shall have actually resided for two (2) consecutive years immediately preceding the date of the general election in an area which, at the time set for qualifying for office, is within the incorporated boundaries of the city. He shall hold no other elective or appointive public office nor salaried employment except that of notary public or membership in the National Guard, the Reserve Defense Establishment or the Louisiana State Guard.”
What are the powers of the mayor?
In addition to being the chief executive officer of the city, with all executive and administrative authority to be exercised by and through the mayor, except as limited by the charter, those powers are:
(1) Appoint and suspend or remove for just cause all city employees and appointive administrative officers provided for by or under this charter, except as otherwise provided by law, this charter, civil service or other personnel rules adopted pursuant to this charter. He may authorize any administrative officer who is subject to his direction and supervision to exercise these powers with respect to subordinates in that officer's division, department, office or agency.
(2) Direct and supervise the administration of all divisions, departments, offices and agencies of the city except as otherwise provided by this charter or by law.
(3) See that all laws, provisions of this charter and acts of the council, subject to enforcement by him or by officers subject to his direction and supervision, are faithfully executed.
(4) Prepare and submit the annual budget and five (5) year capital program to the council.
(5) Submit to the council and make available to the public a complete report on the finances and administrative activities of the city as of the end of each fiscal year.
(6) Make such other reports as the council may reasonably request to enable the council to conduct its councilmanic function.
(7) Keep the council fully advised as to the financial condition and future needs of the city and make such recommendations to the council concerning the affairs of the city as he deems desirable.
(8) Perform such other duties as are specified in this charter or may be required by the council.
Most importantly, all divisions, departments, offices and agencies shall be under the direction and supervision of the mayor. Indeed, the salaries of directors of divisions and departments appointed by the mayor shall be set by the mayor subject to approval of the city council.
The salary of any employee of the city directly appointed by the city council shall be fixed by the city council.
The divisions are:
Sec. 4-02. Legal division.
(A) The head of the legal division shall be the city attorney who shall be appointed by the mayor, subject to confirmation by the council, and shall serve at the pleasure of the mayor. He shall be an attorney licensed to practice in the courts of Louisiana with at least five (5) years' experience in the practice of law.
(B) The city attorney shall serve as chief legal adviser to the mayor, city council and all divisions or departments, offices and agencies, shall represent the city in all legal proceedings and shall perform any other duties prescribed by this charter or by ordinance.
(C) Any assistant city attorneys authorized by the city council shall be appointed by the city attorney and serve at his pleasure.
(D) No special legal counsel shall be employed by the city except by written contract and approval of the city council.
Sec. 4-03. Finance division.
(A) The head of the finance division shall be the director of finance. He shall be appointed by the mayor, subject to confirmation by the council, and shall serve at the pleasure of the mayor. The director of finance, at the time of appointment, shall have at least a bachelor's degree in business administration or related field from an accredited college or university and at least three (3) years' experience in a responsible managerial or administrative fiscal position or at least five (5) years' experience in a responsible managerial or administrative fiscal position.
(B) Duties of the director of finance shall be as follows:
(1) Collect and have custody of all monies of the city from whatever source.
(2) Assist the mayor in the preparation of the operating and capital budgets.
(3) Maintain a record of indebtedness and have charge of the payment of the principal and interest on such indebtedness.
(4) Ascertain that funds are available for payment of all contracts, purchase orders and any other documents which incur financial obligation for the city, and that such documents are in accordance with established procedures.
(5) Disburse all funds from the city treasury.
(6) Develop and administer a uniform central accounting system for all city divisions and departments using nationally accepted standards where applicable.
(7) Prepare a monthly statement of revenues and expenditures to show the financial condition of the city.
(8) Procure all personal property, materials, supplies and services required by the city under a central purchasing system for all divisions and departments in accordance with applicable state law, council policy and administrative requirements.
(9) Maintain an inventory of all city property, real and personal.
(10) Invest all idle city funds, as permitted by law, so as to receive the maximum rate of return.
(11) Manage city computer operations.
(12) Provide general administrative services.
(13) Do and perform such other actions as may be directed by the mayor.
Sec. 4-04. Public works division.
(A) The head of the public works division shall be the director of public works. He shall be appointed by the mayor, subject to confirmation by the council, and shall serve at the pleasure of the mayor. The director of public works, at the time of appointment, shall be a graduate registered civil engineer with at least three (3) years' related experience in a responsible managerial or administrative position or shall have at least eight (8) years of related public works experience in a responsible managerial or administrative position.
(B) The director of public works shall direct and be responsible for the following activities:
(1) Engineering services for city agencies except as may be otherwise provided for the utilities division.
(2) Supervision of contract construction work.
(3) Maintenance of city property.
(4) Mapping and surveying including maintenance of the city map and zoning district map.
(5) Construction and maintenance of streets, sidewalks and bridges and drainage connected therewith performed by the city.
(6) Traffic engineering.
(7) Street cleaning.
(8) Garbage and trash collection and disposal system.
(9) Inspections, licensing and permit issuance in conjunction with the enforcement of zoning ordinances and building and other technical codes.
(10) Operation of the municipal bus system.
(11) Operation of the motor pool.
(12) Other such activities as may be directed by the mayor.
Sec. 4-05. Utilities division.
(A) The head of the utilities division shall be the director of utilities. He shall be appointed by the mayor, subject to confirmation by the council, and shall serve at the pleasure of the mayor. The director of utilities, at the time of his appointment, shall be a graduate registered professional engineer with at least three (3) years' experience in a responsible managerial or administrative utilities position or shall have at least eight (8) years' experience in a responsible managerial or administrative utilities position.
(B) The director of utilities shall direct and be responsible for the following activities:
(1) Power plant or plants.
(2) Electric lines and services.
(3) Water supply and distribution.
(4) Sewerage collection and disposal.
(5) Gas lines and distribution.
(6) Other such activities as may be directed by the mayor.
Sec. 4-06. Police department.
(A) The head of the police department shall be the police chief who shall be appointed by the mayor in accordance with applicable state law.
(B) The police chief shall direct and be responsible for the prevention of crime, law enforcement, assistance to the courts and other law enforcement officials, and the maintenance of the peace and order of the city.
(C) No persons shall exercise police authority in the city except regularly constituted law enforcement officers of the city, parish, state or federal governments.
Sec. 4-07. Fire department.
(A) The head of the fire department shall be the fire chief who shall be appointed by the mayor in accordance with applicable state law.
(B) The fire chief shall direct and be responsible for fire prevention, fire extinguishment and salvage operations, inspections and recommendations concerning the fire code of the city, investigations of fires and their causes, and the conduct of fire safety and prevention programs.
Sec. 4-08. Personnel division.
(A) There shall be a division of personnel and civil service headed by a director of personnel.
(B) The classified civil service for the City of Alexandria heretofore established by Act 487 of 1954, as amended by Act 120 of 1962, Act 396 of 1964 and as may be amended by the legislature in the future, is hereby incorporated in this charter and shall continue in full force and effect and be carried out and regulated in accordance with the provisions of said statutes, except as the same may be inconsistent with the provisions of this charter, in which case the provisions of this charter shall prevail.
(C) Only the following positions shall not be in the classified personnel system of the city:
(1) The mayor's secretary and any assistant(s) to the mayor.
(2) The city clerk and the secretary to the city clerk.
(3) The city attorney and any assistant city attorneys.
(4) Directors of divisions created in accordance with the provisions of this charter and one secretary for each said director.
(D) If prior to the effective date of this charter, the legislature has not amended the civil service law for the City of Alexandria (Act 487 of 1954, as amended) to specifically provide for representation of the city's predominant minority race on the Alexandria civil service commission, then upon expiration of the current term of office of the member of the Alexandria civil service commission who is selected and appointed by the other four (4) members, all appointees succeeding to this position shall be members of the city's predominant minority race.
Sec. 4-09. Planning division.
The planning division shall become operative upon council action and shall be governed by the provisions of state law.
Sec. 4-10. Community services division.
(A) The division of community services shall become operative upon council action.
(B) The head of the division of community services shall be the director of community services who shall be appointed by the mayor, subject to confirmation by the council, and shall serve at the pleasure of the mayor.
(C) The director of community services shall direct and be responsible for programs of athletics; recreational activities; cultural activities such as libraries, concerts, art museums and exhibits; parks and playgrounds; and other leisure time and cultural activities and functions of the city.
(D) The services, activities and functions listed in section 4-10(C) shall be a function of the division of public works until such time as the division of community services shall become operative.