Garner council reviews proposed delegations of authority for mayor, attorney and manager

The town attorney presented draft delegations of authority March 17 that would consolidate and clarify which routine administrative acts mayoral offices, the legal department and town management may perform without a separate council vote. Terry Jones described three proposed resolutions: (1) delegation to the mayor for proclamations, ceremonial duties and emergency declarations; (2) delegations to the town attorney including retaining outside counsel within a budget appropriation and handling informed‑consent/conflict decisions with safeguards; and (3) delegations to the town manager for certain contracts, surplus property, procurement, disaster assistance claims and day‑to‑day administrative actions.

Jones said the proposals do not displace council’s non‑delegable duties but would make the practical mechanics clearer for staff and provide documentation for actions taken between meetings. On attorney delegations he proposed safeguards (firewalls inside law firms and a prohibition on law firms seeking attorney fees against the town in development matters as a condition of informed consent). On manager delegations he described limits for long‑term leases and interlocal agreements that would still require council resolution.

Councilmembers raised questions about notification and oversight when staff schedules public hearings or exercises delegated authority, and requested clearer reporting processes (for example, alerts before scheduling public hearings and periodic reports on delegated actions). Jones said the documents can be revised to include Mayor Pro Tem succession language, reporting requirements and clarifications about when council must act; he noted the package will return for formal consideration at a future meeting.

No formal action was taken; council directed staff to refine the resolutions and return with suggested reporting/notification language.