October 27, 2017 at 3:57 p.m.
Council to examine duties of mayor
Changes to position must be made by Dec. 1
Council to examine duties of mayor
The discussion took place Monday during a special meeting held to discuss the contract of interim city administrator Keith Kost. After agreeing to extend Kost's contract for until June 2018, the panel turned its attention to the mayoral position which is up for election in April 2018.
Interested persons can take out papers to run for mayor Dec. 1. It appears it will be lively race as two people, alderman Alex Young and respiratory therapist Chris Frederickson, have announced they will run. Incumbent Dick Johns has yet to announce his intentions. He has, however, made a few comments during recent finance committee meetings indicating he believes the council has slowly eroded the authority of the elected office over the years.
Council president George Kirby asked that the matter be placed on the agenda for the special meeting in hopes of getting Johns to be more specific about his complaints.
"I thought that it was appropriate at the time that we were talking about the new city administrator that we could get some type of job description or duties of our future mayor, because come April we're going to have a new city administrator and we'll also have a new mayor," Kirby said. "So I felt this is the time when we should have at least some discussion."
Several members of the council then asked if Kirby was announcing that Johns was not going to seek re-election. Kirby clarified that he doesn't know if Johns is running or not.
"First of all, we're going to give the powers back to the mayor that he says he has lost," Kirby said. "We just want a nice outline like the org chart. It would be nice to have an org chart for the mayor's job description."
Alderperson Sherrie Belliveau said she agreed with the sentiment but wondered if the City Council is appropriate body to dictate the mayor's duties when he is the chief executive of the city.
"We don't know what the mayor's duties are," Kirby replied.
"There is a job description somewhere," Belliveau said.
"But we want the new mayor to know what we expect of him," Kirby said. "I think that's important."
"I just wonder if we're allowed to do that," Belliveau replied.
She then asked city attorney Carrie Miljevich if the council has the authority to set the mayor's duties and job description. Miljevich explained that the League of Wisconsin Municipalities Handbook for Municipal Officials defines the duties of mayors in cities also have a city administrator.
"It really talks about the statutory officers and the mayor and what the duties of the mayor are," Miljevich said. "The mayor has specific statutory duties as the executive officer and he has the power to veto actions of the council, but the mayor's duties are not unlimited."
For example, the mayor cannot decide how to dispose of city property or enter into contracts on behalf of the city without council approval, she said.
"I do think there are things that can be defined, but I don't think you can set attendance at meetings and things like that," Miljevich explained.
Young mentioned two areas that he thought were relevant to the discussion.
"One. if we're going to decide what the structure of the city administrator's job is going to be, certainly we don't want to give the same duties to the administrator as the mayor and vice versa. So we have to think about it in that context," he said.
His second point was that the Wisconsin City Managers' Association model defines what the duties of the mayor should be in a form of government that include a city manager or administrator.
"I think it is problematic to set rules, but what is not problematic is the compensation that is set," he said. "While you can't require someone to show up for any given function, you can decide whether or not you're going to pay them for that."
He then pointed out that if the council was to make any changes to the duties of the mayor, the changes would have to be done before Dec. 1 when people can begin circulating papers to run for the office.
"With that part specifically, we kind of have a short fuse if we are going to change anything," Young said. "But that would be more of if we wanted to have a part-time administrator rather than a full-time administrator."
He then asked Johns to outline the specific authorities that had been taken from the office of the mayor and given to the administrator.
"Because if we're going to make any changes, now is the time to do it," Young said.
Alderperson Dawn Rog said her impression was this agenda item had come out of the last regular finance committee meeting because Johns had said he wanted to talk about the subject.
"I think it's only fair that if someone is going to sign up for the mayor's office, which is a four-year position, I think it is only fair to that individual who decides to take out papers that they have an idea of exactly what the taxpayers are expecting them to do," Rog said. "So, I don't think it is really fair to put out a job announcement, which is basically what running for mayor will be, if it is like any other job if they don't have an idea of what the taxpayers expect them to do. So if we're going to do it, now is the time to do it... let's not talk about it after someone gets into the position."
Pelletier said the process doesn't have to be a "big thing," but everything needs to be put down on paper.
"Whether it's Dick or whoever is after that has the responsibility for according to the state statutes and city ordinances, that's the way it has to be followed," Pelletier said. "And if there are certain things that by statutes the council makes the decision on, that's the way it's set in there. I don't think it's a matter of making changes, it's just bringing everything up (to statute) because there is a lot of gray area right now where nobody is positive about who has the authority to do what."
Kirby said he has spoken with Kost on this subject and was reminded that the city administrator must have someone to whom he or she is accountable.
"And that's important, that has to be in here somewhere," Kirby said. "Keith can run the city anyway he wants to..."
Pelletier and Belliveau then interrupted to advise that the city's organizational chart that spells out the chain of command.
"Keith said one time that he wants to be responsible to the mayor, that the mayor should hold the senior position," Kirby said. "That is your power, mayor, without a doubt."
"And there is no problems in regard to that," Johns replied. "The only thing about it is that things got out of line through the years. I don't want to say too much about it other than the fact that there are a lot of issues that came up that I was in disagreement with the City Council. And they know some of the issues. The way I'm looking at it is I'm the head of the city of Rhinelander, is that correct? OK, if I'm the head of the city of Rhinelander, and I've got a say in what the committees are doing, and what some of the committees have done in the past I've disagreed with, and I've made it known but it didn't make any difference. So where does that draw the line?"
This comment provoked an audible, collective "whoa" from several alderpersons.
Belliveau said the mayor does not have the authority to overrule committee decisions.
"If you have a committee made up of five people who have made a decision, and you don't agree with the decision of five people, and you want to be able to override that, what is the purpose of having a City Council?" Belliveau asked.
"What's the purpose of having a mayor," Johns retorted.
"Dick, we're responsible, too," Pelletier interjected. "And as chairman of the finance committee, if I bring something forward, if we pick a person, and we pick with five people, and you don't like it, we're not taking away your power. We're exercising our powers that are in the city and state statutes, we do have authority. And we're not all going to agree, but when it comes to a vote and it is 5-3 or 7-1, and I wasn't even going to go to 6-2, but if it comes out that way, that is the deciding factor."
"But he also has the power to veto, just like in the federal government," Gleason observed. "If Congress passes something and the president doesn't like it, he can veto it. Then they have to go back and hash it out and come to a compromise, or override the veto. We're the same thing, only on a smaller scale."
Miljevich then pointed out that in addition to the Dec. 1 deadline, any changes to the division of duties between the city administrator and mayor would require amendments to city ordinances, which require public hearings and a specific time line. She recommended that the item be discussed at every finance committee and council meeting until a solution is reached.
"And I do believe you should start with the job description of the city administrator," Miljevich said. "Put it on (the agenda) every month."
Rog suggested that the council also look at cities similar in size to Rhinelander to see how they divide the duties between an administrator and mayor.
Belliveau then made a motion for the council to discuss and refine the mayor's duties to be completed by the Dec. 1 deadline for taking out nomination papers.
Rog seconded the motion and it passed 7-0 with Young abstaining.
Following the meeting, Johns said he has not decided if he will seek re-election and will make a decision closer to Dec. 1.
Jamie Taylor may be reached via email at jamie@rivernews online.com.
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