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Charter review: committee discusses noninterference clause, manager access to directors and mayoral emergency powers
Summary
The CRC reviewed the charter's noninterference provision (requiring council to deal with staff through the city manager), discussed the city manager's practice of allowing council contact with department directors, and clarified how mayoral emergency proclamations transfer operational authority to the city manager.
Members of the Charter Review Committee reviewed Section 3.06 (noninterference with administration) and Section 3.05 (mayor duties and emergency powers), discussing both charter text and local practice.
Unidentified Speaker 9 laid out the charter's noninterference principle: "the council or its members shall deal with city officers and employees who are subject to the direction and supervision of the city manager solely through the city manager." Several members, including Unidentified Speaker 14 (city manager), described how the manager currently allows council members to speak with department directors while asking to be kept in the loop; that approach was defended as promoting first-hand information and better working relationships.
Committee members raised tradeoffs: placing explicit direction in the charter could bind future councils and managers to a communication style, while leaving the wording broad preserves managerial discretion to allow or restrict access. Unidentified Speaker 11 suggested adding language that preserves manager discretion to authorize director contact, which would codify current practice without hard constraints. "If it allows for the way we're operating now, but to also close the door later if for whatever reason the city manager wants to, then I'm okay," the member said.
Separately, the committee reviewed mayoral emergency powers. Unidentified Speaker 14 explained practice during hurricanes and other incidents: the mayor issues a proclamation declaring a local state of emergency, then, under City Code/Chapter 252, the city manager executes operational authority and periodically reports and seeks confirmation from council. The committee agreed no immediate charter changes were required but flagged the language for potential cleanup to reduce ambiguity about timing and scope.
The committee asked staff and the city attorney to draft optional language that would clarify how inquiries to directors are handled and to propose a limited 'cleanup' amendment for the special-election timing and any ambiguous emergency-power phrasing for future consideration.
