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Wasilla council postpones vote on ordinance limiting mayoral authority to retitle or transfer positions

2384976 · January 27, 2025
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Summary

Council members debated whether the city council should gain explicit authority to create, retitle or transfer budgeted positions under Ordinance Serial 25-02 and voted to postpone the item for further review after public safety, human resources and public works raised legal and operational concerns.

The Wasilla City Council on Monday postponed consideration of Ordinance Serial 25-02, which would amend Wasilla Municipal Code Chapter 3.55 to give the council explicit authority to create, retitle or transfer positions that affect the city’s budget.

Council members said the change grew from a recent administrative personnel action that they said altered budget assumptions. Proponents argued the council must be involved when head count or departmental assignments change because those changes affect long-term liabilities and future budgets. Opponents said the measure risked micromanaging department operations and could collide with current collective bargaining agreements.

The ordinance was introduced for adoption and then postponed to the next regular meeting after public comment and extended council debate. Council member Rubio moved to postpone; Council member Graham seconded. The motion passed with no recorded objection.

Why it matters: Council members described the number of positions in each department as a “building block” of the budget. Council member Graham said changing those assumptions outside the adopted budget “affects not just this year’s budget; it affects next year’s budget” and that the council should be involved in major changes to head count.

What speakers said: Bill Rapson, chief of police, told the council that collective bargaining language requires unions be notified and consulted about changes to municipal personnel policies that affect wages, hours or terms and conditions of employment. Rapson said the department’s ability to move staff in emergencies could be affected and called the proposed ordinance potentially “severely” impactful on operations.

Kimberly Green, the city’s human resources manager, said the various union contracts include notification provisions and stressed that the ability to pivot operationally is important. She described an amendment under attorney review that would add council notification when a vacant position is reassigned to a department other than the one it was budgeted to.

Eric Shaw, public works director, recommended postponement so administration could review the ordinance with legal counsel and departments to identify exposed code and contract issues. City Attorney Jess (appearing by phone) agreed, saying she had only a short time to review the union language and could not opine on exposure without more time.

Council debate: Council member Graham argued the ordinance is intended to preserve the council’s budgetary role after an administrative change added a position outside the normal budget process. Council member Johnson said the ordinance’s language does not prevent internal department management, and Council member Rubio and others said clarifying the process would prevent future surprises. Council member Spivak and others discussed how existing code already restricts running for or holding multiple city offices.

Next steps: Council directed staff and legal counsel to work with departments, review relevant collective bargaining agreements, and return with clarifications and any recommended language at the next regular meeting. The council did not adopt the ordinance; the item is scheduled for reconsideration at the next meeting.

Ending note: Council members and staff agreed more legal review and interdepartmental discussion was needed before taking formal action, and several asked administration to provide a written summary of contract implications and any proposed notification language for council review.