1. 1 Presented by: Victor K. Tervala, Esq. and Kevin Best, Esq. June 27, 2016 Ocean City, Maryland

2. 2 Upon completion of the Structure of Municipal Government, participants will be able to: Describe the relationship between the State and its local governments Understand the nature of municipal charters Understand the difference between your charter and your code of ordinances Describe the various forms of municipal government

3. 3 Can the State repeal a local ordinance lawfully enacted? Government of the people, by the people, for the people? Not local governments! Local governments are “creatures of the State” Yes – the State can rescind a lawful local ordinance, but because of home rule, only a public general law can rescind a local ordinance

4. 4 Charter: your local constitution. It establishes the basic components and organization of your government and the basic rules under which it operates

6. 6

7. 7 The Charter

8.  A Charter is like a Constitution  An Ordinance is like a Statute  A State or Fed. Regulation is like a Municipal Regulation

9.  Major components * Size of body, qualifications, term duties * Mayor (if any), qualifications, term, duties * Administrator/Manager duties * Powers of government  Major processes * Election process – frequency, by wards, at-large? * Legislative process * Budgeting process  Major policies * Debt – can you acquire? 9

10.  Administrative processes and organization 10

11.  Strategies = legislation = exercises of police power. 11

12. You win the government “game” when you: 12

13.  Police power at work * Zoning or Regulating Nuisances * Regulating the use of streets, alleys and sidewalks * Establishing building standards * Regulating behavior and personal conduct (e.g., noise levels, heights of shrubbery, weeds and grass, etc.) 13

14.  Charter Amendment Resolutions  Annexation Resolutions  Ordinances  Resolutions  Written  Simple Resolutions and Motions  Administrative Regulations

15. 15 In the Charter

16. 16 Rule of thumb: most acts of government are legislative acts and therefore not proper charter material.

17.  Is it fundamental (i.e., how a bill becomes a law)?  Would the average voter would care about the topic?  Would the average voter be able to form an opinion about the topic at issue? 17

18. WHO CONTROLS THE DOCUMENT CHARTER CODE GOVERNING BODY MAYMUST VOTERS MAYMUST NOT 18 CHARTER CODE GOVERNING BODY MAYMUST VOTERS MAYMUST NOT*

19. THE SUPREMACY CLAUSE (ARTICLE VI, SECTION 2) City and County Ordinances State Statutes (laws) State Constitutions Acts of Congress United States Constitution The U.S. Constitution is the “Supreme Law of the Land.” If there is a conflict between a lower law and a higher one, the higher one “wins.”

20. 20 Who runs day-to day affairs? A committee of elected officials or a single person delegated the responsibility by the charter? Form is determined by legal responsibility for running day-to-day affairs. Search for charter provision that discuss who controls the operation and administration of the government Change of form requires a charter amendment, which in turn requires sufficient political support for the change

21.  Change of form usually is triggered by dissatisfaction with the working relationships among members of the governing body  The belief is that by changing the form of government the formal relationships between elected officials (primarily) will be altered and improved.  The goal of change is to improve the efficiency and effectiveness of decision-making and of the government generally 21

22.  Commission  Weak Mayor  Strong Mayor  Council-Manager  Hybrid 22

23. 23 All elected officials perform both executive and legislative functions. No one but the commissioners are given responsibility for managing day-to-day affairs. Often each elected official is responsible for management/oversight of a particular department (e.g., police commissioner or public works commissioner) Typical charter is silent on the distribution of functions among elected officials. Usually functions are delegated informally

24. 24 Strength * traditional organization, * easy to explain, * good accountability to voters Weakness * leadership by committee * conflict with professional managers * uncertain ability of commissioners to manage or oversee a particular department, especially on a part-time basis

25. 25 All elected officials perform both executive and legislative roles except mayor is deemed to be the head of government for ceremonial purposes Mayor is not usually elected as by the voters. Mayor is elected from and by the governing body or appointed by agreement of the elected body Strength/Weaknesses: generally the same as Commission form but the role of the mayor often is misunderstood by both municipal residents and officials, which can lead to confusion about the proper role of other elected and appointed officials

26. 26 Separation between legislative and executive functions. Charter gives day-to-day control over government operations to the Mayor. Mayor is the chief executive Council operates at arms-length from day-to-day affairs; it is not involved in running daily operations. Mayor runs them Council controls operations through the budget and by making policies that impact on operations. Council provides necessary oversight over the executive function to serve as a check and balance against the executive’s power.

27. 27 Strengths * excellent division of labor as Mayor focuses on daily needs while council focuses on longer-term issues * clear accountability for functions of government * leadership Weaknesses * strains in mayor-council relations occur easily and result in government disruptions * mayor may not prove to be a competent manager (but this weaknesses can be offset by a competent professional manager serving to support the office)

28. Professional manager hired as chief executive to manage municipal operations. Lots of towns have full-time professional managers. Only those in which the charter expressly delegates day-to-day operational control to the appointed manager are considered council-manager governments Council operates at arms-length from daily operations. It controls operations only through the policies and legislation it adopts. Provides important oversight functions. 28

29. 29 Strength * Professional management, selected from a broader pool than available for strong mayors * Decouples politics from daily administration and management * Excellent division of labor Weakness * The form can frustrate elected officials who do not control daily operations and yet are accountable to the voters for them. These concerns tend to encourage elected officials to interfere in daily operations, making this form difficult to sustain and may exist only on “paper” or in theory

30.  Elements of one form combined with elements of another (e.g., elements of the strong-mayor form combined with elements of a council-manager form)  Strength: Ability to pick and choose exactly the elements best suited to solve local problems  Weakness: care must be shown in the selection of elements. Certain elements may not support one another resulting in conflicting structures (e.g. a strong mayor element housed in a council-manager form may prove challenging to the mayor, to the manager or to both parties) 30

31. Local governments are “creatures of the State.” They operate within the powers granted them by the State. The charter establishes the rules and mechanisms under which the government operates. It regulates only the government’s behavior. It does not regulate the behavior of anyone but the government. The code of ordinances records the acts of government that regulate the behavior of those subject to the authority of the government: the residents, businesses, and government employees No form of government is ideal; all forms have strengths and weaknesses 31