HomeMy WebLinkAbout2026 06 18 Ad Hoc Charter Review Orientation Meeting AgendaAD HOC CHARTER REVIEW
COMMITTEE
REGULAR MEETING AGENDA
THURSDAY, JUNE 18, 2026 - 5:30 PM
ORIENTATION MEETING
CITY HALL - COMMISSION CHAMBERS
1126 EAST STATE ROAD 434, WINTER SPRINGS, FLORIDA
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CALL TO ORDER
Roll Call
Invocation
Pledge of Allegiance
Agenda Changes
REGULAR AGENDA
500. Committee Orientation and Path Forward
Resolution 2026-03 City Charter Review Committee.pdf
Charter.pdf
Model City Charter.pdf
FLC City Charter Review Presentation 2026.pdf
CH 2026-43 (Previously SB 1134).pdf
REPORTS
PUBLIC INPUT
Anyone who wishes to speak during Public Input on any Agenda Item or subject matter will need to fill out a
“Public Input” form. Individuals will limit their comments to three (3) minutes, and representatives of groups or
homeowners' associations shall limit their comments to five (5) minutes, unless otherwise determined by the City
Commission.
ADJOURNMENT
PUBLIC NOTICE
This is a Public Meeting, and the public is invited to attend and this Agenda is subject to change. Please be advised
that one (1) or more Members of any of the City's Advisory Boards and Committees may be in attendance at this
Meeting, and may participate in discussions.
Persons with disabilities needing assistance to participate in any of these proceedings should contact the City of
Winter Springs at (407) 327-1800 "at least 48 hours prior to meeting, a written request by a physically
handicapped person to attend the meeting, directed to the chairperson or director of such board, commission,
agency, or authority" - per Section 286.26 Florida Statutes.
"If a person decides to appeal any decision made by the board, agency, or commission with respect to any matter
considered at such meeting or hearing, he or she will need a record of the proceedings, and that, for such
purpose, he or she may need to ensure that a verbatim record of the proceedings is made, which record includes
the testimony and evidence upon which the appeal is to be based" - per Section 286.0105 Florida Statutes.
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REGULAR AGENDA ITEM 500
AD HOC CHARTER REVIEW COMMITTEE AGENDA | JUNE 18, 2026
REGULAR MEETING
TITLE
Committee Orientation and Path Forward
SUMMARY
On March 9, 2026, the City Commission adopted Resolution No. 2026-03 establishing a
temporary ad hoc Charter Review Committee. Subsequent to the adoption, the
Commission appointed seven citizens of Winter Springs to serve on the Committee.
Generally, the purpose of the Committee is to provide a comprehensive review of the
City Charter in accordance with the terms and conditions of the Resolution. The last two
comprehensive reviews of the City Charter occurred in 2001 and 2010.
The Committee only serves in an advisory capacity to the City Commission. The
Committee is charged with evaluating and making a recommendation on whether the
provisions of the City Charter need to be amended to align with applicable state and
federal law, and whether the provisions of the City Charter are substantially consistent
with the Model City Charter, 9th Edition, published by the National Civic League, and if
not, whether the City Charter should be amended to be substantially consistent with
the Model City Charter, 9th Edition or remain the same. The Committee is also free to
recommend other amendments.
The deadline for the Committee to complete its work and written final report is not until
November 2, 2027 . The City Commission will then consider the Committee's final
report and recommendations and determine whether any of the recommendations
should be submitted to the electorate for a vote in the November 7, 2028 general
election, or as soon thereafter as possible.
The orientation meeting will proceed as follows:
1. Call to Order
2. Roll Call
3. Pledge of Allegiance
4. Introductions by City Attorney, Staff, and Committee Members
5. Overview of the Committee's Purpose and Duties (staff/legal counsel)
Creating resolution
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Scope of review
Timeline and deliverables
Advisory nature of committee
DEI Statute - Laws of Florida Ch. 2026-43 creating s. 166.04971, Florida
Statutes
Sunshine Law, Public Records, and ethics requirement
6. Overview of Municipal Charters and Charter Review Best Practices (Florida League of
Cities speaker)
7. Committee Questions and Discussion
8. Election of Chair and Vice Chair
9. Discussion of Future Meeting Schedule and Work Plan
10. Public Input
11. Adjournment
FUNDING SOURCE
RECOMMENDATION
Receive the orientation presentation regarding the Charter Review Committee's
purpose, scope of duties, applicable legal requirements, and charter review process,
applicable deadlines approved by the City Commission; receive the presentation from
the Florida League of Cities regarding municipal charters and charter review best
practices.
Following the orientation presentation, the Committee will elect a Chair and Vice Chair;
and provide direction regarding future meetings and the committee work plan.
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RESOLUTION NUMBER 2026-03
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF WINTER SPRINGS, FLORIDA PROVIDING FOR A
FORMAL PUBLIC PROCESS TO CONDUCT A
COMPREHENSIVE REVIEW OF THE CITY CHARTER FOR
PURPOSES OF DETERMINING WHETHER AMENDMENTS
SHOULD BE PROPOSED TO THE CITY ELECTORATE
DURING THE 2028 GENERAL ELECTION; PROVIDING
FOR THE ESTABLISHMENT OF A "WINTER SPRINGS AD
HOC CHARTER REVIEW ADVISORY COMMITTEE";
PROVIDING A PUBLIC REVIEW PROCESS; PROVIDING
FOR TECHNICAL ASSISTANCE AND OTHER TERMS AND
CONDITIONS NECESSARY TO CONDUCT AN ORDERLY
AND WELL-INFORMED CHARTER REVIEW PROCESS;
AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City of Winter Springs, Florida was established by the Florida
Legislature in 1959 and operates pursuant to its City Charter; and
WHEREAS, the City Charter has been amended from time to time as the governance of
the City has evolved; and
WHEREAS, the Model City Charter, as researched and published by the National Civic
League, has provided the template for City Charters since publication of its first Model City
Charter in 1899; and
WHEREAS, in 2001 and again in 2010, the City Commission established a
comprehensive charter review process to modernize the City Charter in a manner consistent with
the then -current version of the Model City Charter, promulgated by the National Civic League;
and
WHEREAS, the comprehensive charter review process resulted in the City Commission
proposing to the electorate of the City of Winter Springs numerous amendments to the City
Charter to modernize the governance of the City, many of which were approved by the voters;
and
WHEREAS, since the last comprehensive City Charter review process in 2010, the
National Civic League published the 9"' Edition of the Model City Charter in November of 2021;
and
WHEREAS, City officials and members of the public have expressed an interest in
undertaking a review of the City Charter to determine whether the Model City Charter, 9tn
Edition, provides additional guidance that may assist in further modernizing the City Charter the
City Charter of Winter Springs, and to evaluate certain governance issues to the extent that may
be necessary; and
WHEREAS, the City Commission desires to appoint an ad hoc committee to conduct the
City Charter review process and to determine whether or not additional charter amendments
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should be recommended to the City Commission for proposal to the electorate of Winter Springs;
and
WHEREAS, the City Commission desires to provide an open, transparent, objective, and
deliberative process that will afford the public ample opportunity to participate in the City
Charter review process; and
WHEREAS, the City Commission hereby finds that this resolution is in the best interests
of the public health, safety, and welfare of the citizens of Winter Springs, Florida.
NOW, THEREFORE, BE IT RESOLVED that the City Commission of the City of
Winter Springs, Florida as follows:
SECTION I. Establishment Of A Charter Review Committee; Meetings.
a) The City Commission hereby establishes a temporary ad hoc committee for
purposes of conducting a comprehensive review of the City Charter in accordance with the terms
and conditions of this Resolution. The committee shall be called the "Winter Springs Ad Hoc
Chatter Review Committee." (Charter Review Committee). The Charter Review Committee
shall consist of seven (7) members, who shall be registered electors of the City of Winter
Springs. The Mayor shall appoint two (2) members at -large, subject to ratification by majority
vote of the City Commission. Each City Commissioner shall appoint one (1) member who must
reside in their respective district, subject to ratification by majority vote of the City Commission.
No alternates shall be appointed. Vacancies shall be filled in the same manner as the original
appointment to the extent deemed necessary by the City Commission. Prior to any appointment
being considered final, each member of the Charter Review Committee shall be required to
complete the standard City Advisory Board and Committee Application. Upon appointment,
each member of the Charter Review Committee shall serve at the pleasure of the City
Commission until the Charter Review Committee's work has been completed and the City
Commission has accepted the Committee's final report. Each member of the Charter Review
Committee shall serve without compensation.
b) Meetings of the Charter Review Committee shall be duly noticed and held public
meetings which shall be open to the public and which shall commence no earlier than 5:00 p.m,
during the workweek. A portion of each meeting will be reserved for taking public input
relevant to issues being considered during the City Charter review process outlined in this
Resolution. The agendas, minutes and a record of the proceedings and decisions of the Charter
Review Committee shall be kept and filed with the City Clerk in the same manner as those kept
and filed for the City Commission.
c) The first order of business for the Charter Review Committee shall be to elect a
chairperson and vice chairperson. The chairperson shall be responsible for running the meetings.
In the absence of the chairperson, the vice chairperson shall run the meetings. Roberts Rules
shall serve as guide to running the meetings of the Charter Review Committee to the extent not
in conflict with this Resolution. A majority of the total Committee members appointed shall
constitute a quorum.
City of Winter Spring, Florida
Resolution Number 2026-03
Page 2 of 4
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d) The Charter Review Committee shall act by majority vote. However, the Charter
Review Committee may reference and explain in the final report minority opinions/positions
which obtained the vote of at least three (3) members of the Committee.
SECTION II. Charter Committee Responsibilities.
a) The Charter Review Committee shall conduct a comprehensive review of the
existing City Charter for the primary purpose of:
1) The Committee shall evaluate and make a recommendation on whether the provisions
of the City Charter need to be amended to align with applicable state and federal law, and
whether the provisions of the City Charter are substantially consistent with the Model City
Charter, 9t" Edition, published by the National Civic League, and if not, whether the City Charter
should be amended to be substantially consistent with the Model City Charter, 9t" Edition or
remain the same.
2) The Committee shall evaluate and make recommendations on matters that may be
specifically identified and referred to by the Committee by the City Commission.
3) The Committee shall also be free to propose any amendments to the City Charter that
are not addressed in subparagraphs (1) and (2) above.
b) Upon conclusion of its review of the City Charter, the Charter Review Committee
shall prepare and approve a final written report which shall identify all proposed charter
amendments (if any) and the reason for said proposals. The final report shall also include a
recommendation on any City Charter provisions specifically identified and referred to by the
City Commission in Section II, (2) of this Resolution. The final report shall be completed no
later than November 2, 2027 unless additional time is granted by the City Commission.
c) The final report of the Charter Review Committee shall be presented to and
reviewed by the City Commission at least once at either a regular City Commission meeting or
workshop specialty called for that purpose. The report shall be nonbinding on the City
Commission. If the City Commission determines that any of the proposed amendments in the
report should be submitted to the electorate for a vote, the City Commission shall direct the City
Attorney to prepare an ordinance for the City Commission's consideration that will call for a
referendum to be held regarding the amendment(s) in accordance with law. The referendum will
be held at the City's next General Election, which is scheduled for November 7, 2028, or as
soon thereafter as possible.
SECTION III. City Attorney
The City Attorney is hereby authorized to serve as the project facilitator for the Charter
Review Process, and shall be responsible for designing and implementing an orderly presentation
and review of the City Charter before the Charter Review Committee in accordance with the
requirements of this Resolution. The City Attorney shall also provide legal guidance to the
Committee, and assist the Committee with coordinating and facilitating the Committee's
meetings and drafting the final report.
City of Winter Spring, Florida
Resolution Number 2026-03
Page 3 of 4
7
SECTION IV. Other Technical Resources.
a) The City Manager, City Clerk, and Department Heads shall serve as technical
advisers to the Charter Review Committee and shall assist the Committee in the preparation of
its final report. The City Manager shall also endeavor to arrange an orientation presentation for
the Committee by the Florida League of Cities, or UCF Institute of Government, if available,
regarding the general principles of municipal charter governance in Florida.
b) The City Clerk shall provide administrative assistance to the Charter Review
Committee and shall be responsible for noticing meetings, preparing minutes, and archiving all
public records.
SECTION V. This Resolution shall take effect immediately upon its final passage and
adoption by the City Commission.
ADOPTED by the City Commission of the City of Winter Springs, Florida, in a Regular
Meeting duly assembled on the 9th day of March, 2026.
In witness whereof, I have hereunto set my hand and
caused this seal to be affixed.
KEVIN'McCANN, Mayor
ATTEST:
01ter s
CHRISTIAN GOWAN, City Clerk o' •^
U
Approved as to legal form and sufficiency for 19 5
the City of Winter Springs, Florida only: 0
e county
ANT ONY A. GARGANESE, City Attorney
City of Winter Spring, Florida
Resolution Number 2026-03
Page 4 of 4
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National Civic League
Model City Charter
9th
edition
2021
A Publication of the National Civic League
Modernizing the Model City Charter:
Enhancing Equity, Engagement and Effectiveness
30
Model City Charter
Ninth Edition
National Civic League
Table of Contents
Letter from the Co-Chairs .............................................................................1
Introduction .................................................................................................2
Preamble .......................................................................................................9
Article I: Powers of the City .......................................................................11
Article II: City Council ................................................................................14
Article III: City Manager ............................................................................28
Article IV: Departments, Office, Agencies .................................................33
Article V: Financial Management ..............................................................39
Article VI: Elections ...................................................................................48
Article VII: Role of Public Engagement ......................................................61
Article VIII: General Provisions ................................................................68
Article IX: Charter Amendment ................................................................72
Article X: Transition and Severability .......................................................74
Appendix 1: Options for Mayor-Council Cities ...........................................77
Appendix 2: Context for Social Equity and Local Governance .................83
Charter Revision Steering Committee and Working Groups ....................90
National Civic League Model City Charter
31
National Civic League Model City Charter Page 1
Letter from our Co-Chairs
November 2021
The Model City Charter was first introduced to the public in 1900, a time of sweeping social and political
reforms. The early versions of the model focused on addressing some of the most pressing challenges facing
those growing cities—structural inefficiency, political corruption and the need for a merit system for public
employees.
Given the challenges facing our communities in 2021, it is only fitting that this revised and updated
edition of the Model City Charter addresses the need for heightened attention to the role of public
engagement in local governance and the need to improve equity.
One of the results of the model-makers’ early focus on professionalism and integrity is the relatively
high trust levels among the public for local government in comparison to federal and state
governments, as well as many other institutions. Part of this trust at the local level is due to the
great work by city and county officials to engage the public and improve equity.
The Model City Charter has been used by cities and towns for over 120 years to structure their
municipal governments and draft or revise their charters. With the last major revision occurring
in 2000, we were honored to lead a year-long process involving dozens of thought-leaders and
organization representatives to update the document and emphasize key principles, such as equity
and civic engagement.
The new Model continues to advocate professional, nonpartisan city governance, with mayors
and legislative bodies that work together with a manager to run city departments and solve public
problems. While not all activities need to become part of the charter, we make a strong case that
cities and towns need to structure all of their activities to reflect social equity and civic engagement,
involving all the members of their community in civic affairs.
Please join us in the coming years in revisiting your charters to ensure that they reflect the values
that we hold dear, that inclusive local governance involving everyone in our communities working
together in a civil, pragmatic manner, can help our cities and towns thrive and contribute to
addressing not only local matters but also the challenges that face our nation.
Signed,
Clarence Anthony, CEO & Marc A. Ott, CEO/Executive Director
Executive Director, International City/County Management Association
National League of Cities
Ronald Loveridge, Kendra Stewart, Past President, Board Member,
National Civic League American Society for Public Administration
Former Mayor, City of Riverside, California
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National Civic League Model City Charter Page 2
INTRODUCTION
The Model City Charter is the product of more than 100 years of interaction of thought leaders on
urban governance, practitioners in city government, and scholars who conduct research on local
government. In the early editions, the thought leaders guided the others on how government should
be organized. In later editions and now, they work together to refine recommendations about the
ideal features city governments should have in order to achieve the highest level of governmental
performance. Increasingly, community activists have been involved in the charter review process
as well. In the new edition, the perspectives of all contributors are combined to develop the best
current recommendations for promoting ideal city governments.
In preparing to review and revise the Model City Charter, the National Civic League recognized the
need to better integrate a newer mission of promoting civic engagement and social equity with the
older mission of emphasizing efficiency, expertise, and ethics. At the time of this revision, cities
are operating in a context of increased consciousness around issues of inequities based on race,
ethnicity, sexuality, gender, and socio-economic standing.
While national attention to police misconduct and the COVID-19 pandemic provide important
background to the emphasis on equity in this edition of the Model City Charter, more persistent
challenges such as disparities in access to and quality of education, housing, employment, economic
opportunity, and technology motivate the emphasis on equity. Accordingly, this edition of the
Model City Charter highlights the importance of using a social equity lens—paying careful attention
to race, ethnicity, and other social characteristics when analyzing problems, looking for solutions,
and defining success—throughout local government and stresses the urgency with which local
government must govern for equity.
Current conditions also elevate the importance of active efforts to engage the public in
governmental processes and community problem-solving efforts. Opportunities for community
engagement have been present from the beginning of democratic governance as voters have selected
officials in elections and approved certain programs in referenda. Select community members could
take part in advisory bodies. These opportunities for participation have expanded but have tended
to be exchanges between government and residents—providing information and receiving and
soliciting resident input—rather than active engagement of residents through incorporation and
collaboration.
Incorporating a full range of residents in the community regardless of their citizenship status means
working directly with them throughout the governmental process to ensure that public concerns and
aspirations are consistently understood and considered by staff. Collaboration involves partnering
with residents in each aspect of the decision-making process, from identifying issues, developing
alternatives, choosing the preferred solution, and implementation. Residents have received
programs and services, but they can also be involved in addressing many community problems that
can only be solved with active resident participation. Local governments have unique institutional
mediating structures that can be established and leveraged toward this purpose.
As has been the case since the second edition in 1915, the ninth edition promotes the council-
manager form of government as the core organizational feature. This form introduced a new
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National Civic League Model City Charter Page 3
governance model to American government that is based on a unitary system rather than the
separation of powers, a framework that frequently results in conflicts between branches of
government. All powers of the city are vested in a popularly elected council, which appoints a
professional manager who is continuously responsible to the public and removable by the council. It
has improved the quality of the governmental process and city government performance.
Over the next six editions of the model charter, many revisions were made to strengthen the
political leadership of the mayor, increase the representativeness of the council, promote civic
participation, and encourage the development of regional approaches to issues that overlapped
the boundaries of urban areas. These refinements to the model and innovations by local officials
have strengthened the form. This new edition of the model charter continues the interaction of
theory and practice. It reviews the structure now used by a majority of cities with more than 10,000
residents and examines changes that have been introduced by some governments to respond to new
challenges.
The new edition offers further enhancements for local governments to consider. It is an important
guide for all cities and towns whether they need to change their form of government or revise their
existing charters. It proposes refinements and identifies the importance of incorporating new
features and commitments. For those council-manager cities that face a movement to change the
form of government to the mayor-council form based on separation of powers, the model charter
will guide them in asserting the advantages of the council-manager form and countering misleading
arguments in favor of abandonment. As always, it provides the arguments to support adopting the
council-manager form for cities that use a different form.
The council-manager plan combines democratic governance with the capability to operate city
government with the values of effectiveness, efficiency, and economy. The council-manager
form promoted these “three e’s,” a capable governing body, and a city manager accountable to
the council. The manager would promote these values by proposing sound policy options to the
council and by using professional expertise and experience to ensure that the city administration
accomplished council-approved policies effectively while achieving the highest level of efficiency and
economy in use of resources. Now it is widely recognized that the development of policy proposals
should also promote equity and the process of adopting, implementing, and assessing policies
should engage a full range of residents.
Commitment to Social Equity
It is important to recognize that a long history of discrimination and the challenge of fully
incorporating new and recently recognized groups into American society requires more than
treating all equally, although equality would address many shortcomings. Access to services, quality
of services, and expanded engagement can be promoted by equal treatment. Promoting equity also
requires a recognition of disparities in conditions that affect the level of need, the effectiveness
of programs, and the impact of policies on different population groups. Many governments have
increased the diversity of their staffs, but still do not include persons with diverse characteristics
at all levels of the organization or in making a full range of decisions or recommendations. A
commitment to inclusion is needed to address these shortcomings. Fundamentally, equity cannot
be assured unless government officials are aware of and seek to alleviate disparities across groups
with different characteristics. A comprehensive and continuous assessment of access, quality, and
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National Civic League Model City Charter Page 4
impact of services is needed. Some pioneering governments are incorporating a commitment to
social equity, but most governments need to do more.
Attention to social equity is found in additions throughout the Model City Charter. Adopting an
equity lens will reshape decisions and activities across all departments and programs. Advancing
equity throughout local governments requires a fundamental reorientation of day-to-day
operations.
To support such efforts, municipalities may consider creating a department, office, or agency whose
sole task is to provide support to other divisions in local government with respect to the adoption of
an equity lens. Given the breadth of implementation required for an equity lens to be applied—and
the importance and urgency of the issue—an equity office is best organized as a direct report to the
city manager’s office. That said, equity will be best advanced through the organization if each unit
has designated an individual or a small team to serve as a lead resource within their department
and a liaison to the city manager’s equity office. This office should be tasked with supporting the
implementation of an equity lens, through the development of trainings, tools, communications,
and other activities related to equity. (A companion publication is attached as an appendix that can
be used as a resource for cities to implement equity recommendations.)
Expanding Public Engagement
There has been a long-standing commitment to increasing public engagement and participation.
The need to expand provision of information to residents and opportunities for input was
recognized in the Eighth Edition of the Model City Charter. There is increasing awareness, however,
that new approaches are needed to engage residents in ongoing interactions with officials that go
beyond one-way communication out of and into government.
Provisions should be made for resident input, and governments should provide information to the
public, but more interaction is needed. Officials need to better understand the concerns residents
have and how they would suggest addressing them at early stages in developing a proposal. They
need to understand how programs and service delivery are affecting residents of all kinds in all parts
of the jurisdiction. They need to be included as partners in assessing and helping to improve service
delivery and in solving problems in their communities.
Community advisory boards are one tool to promote engagement, but the presence of these
boards cannot be used to exclude other residents from being involved. Engagement means that
residents and officials will know and understand each other better. Engagement also entails having
an approach to involving residents that welcomes their participation in the implementation or
“coproduction” of services and solutions to problems. Combining the two new e’s, some local
governments are developing principles of equitable engagement to ensure that all persons and
groups have meaningful opportunities to be involved. The emphasis on engagement also indicates
that existing provisions in the Model Charter regarding transparency need to be observed.
The Model City Charter includes a new Article VII on the Role of Public Engagement in Governance.
It identifies the forms of engagement that should be promoted in local government and the
principles that should guide the city’s public participation processes. Finally, the article outlines
the components that should be examined and the inclusive process that should be used to evaluate
the public participation strategy and process. Public participation processes should expand the
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National Civic League Model City Charter Page 5
capacity for meaningful resident engagement by developing collaborative working relationships and
expanded knowledge of government.
The Case for the Council-Manager form and Features that Enhance its Performance
Although the council-manager form was once thought of as being fit only for small cities, it is now
used by 61 percent of cities over 100,000 in population and five of the 11cities with over a million
residents.1 Since 1990, local governments in 32 of America’s 317 cities over 100,000 in population
have grappled with the question of whether they should change from council-manager to mayor-
council form or vice versa and held a referendum to change the form of government. The council-
manager form has been replaced with the mayor-council form in 12 cities. On the other hand, the
council-manager form replaced the mayor-council form in four cities. Abandonment of the council-
manager form was rejected during this period in 15 large cities. The campaigns in support of the
council-manager form often fail to include some important advantages of the form—in particular
the leadership potential of the mayor and the full range of contributions by the city manager who is
commonly described as simply responsible for day-to-day management of the city.2
To inform residents of cities that may consider adopting the council-manager form, it is important
to review the advantages of the council-manager form and highlight features that enhance its
performance.
The council in the council-manager form is a true governing body, not just a legislative body that
checks the mayor. The council sets policy, of course, but it also sets goals and priorities, reviews
and revises policy proposals, and oversees the performance of the manager and staff. The council
chooses the city manager—the appointed chief executive officer—who is the best qualified applicant
from across the country to achieve the vision the council has established for the city, and monitors
the manager’s performance. The council conducts real oversight through review of extensive
information provided by the city manager.
Reference is made in the Model City Charter for the first time to the council’s responsibility
to regularly evaluate the performance of the city manager. Council decisions are built on the
comprehensive and objective information and advice from the city manager that is provided to all
of the council members and to the public. This kind of communication contributes to the inherent
transparency of the council-manager form. The features of the council-manager form make it less
likely than the mayor-council form to have instances of corruption.3
In the mayor-council form the council’s role may be limited to reacting to the mayor’s proposals
based on information provided by the mayor. The oversight role can be constrained by limits on the
performance data that the mayor will permit departments to provide to the council. A council
1 James H. Svara and Douglas J. Watson, More than Mayor or Manager. Washington, D.C.: Georgetown
University Press, 2010, pp. 12-16.2
2 Svara and Watson, pp. 312-320.
3 Kimberly Nelson and Whitney B. Alfonso, “Ethics by Design: The Impact of Form of Government on Municipal
Corruption,” Public Administration Review, April, 2019.
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National Civic League Model City Charter Page 6
member could be the beneficiary of a reward from the mayor for supporting his/her proposals,
but council members could be punished for taking an independent stand. As is true of separation-
of-powers structures at the state and national level, conflict between the mayor and council is
likely and can produce divisions within the council based on differing levels of allegiance to the
mayor. Disagreement between a majority of the council but fewer than the number needed to
override a mayoral veto and the mayor can produce an impasse. In the council-manager form, the
council is designed to be the governing body.
In contrast to past editions, the Ninth Edition states a preference for the use of district elections
or combinations of district and at-large seats to ensure that the council accurately represents the
population as a whole and to promote a closer relationship between council members and residents.
Attention should also be given to promoting a large turnout of voters in council elections.
It is advantageous to have off-year, November elections to focus attention on local issues. Although
some argue that it would be useful to take advantage of generally higher rates of voting by holding
city elections along with state and national elections, it is difficult to prevent local issues from
getting obscured when the local election is combined with higher level offices. Also, partisan
divisions in the state and national campaigns may carry over to officially nonpartisan local elections.
Action should be taken to address the impediment to turnout caused by using a two-stage process.
The turnout for the primaries that narrow the field of candidates, or for run-off elections, to choose
the winner if no candidate receives a majority of votes, is generally lower than the general election.
A remedy is available by using ranked-choice voting—the current form of an “instant runoff”—to
determine winners in a single election. In addition to increasing turnout in the single election that
determines the candidates chosen for office, ranking candidates means that voters’ preferences
beyond their first choice can influence the outcome if their first-choice candidate is not selected.
In ranked-choice election campaigns, candidates have an incentive to be more civil toward other
candidates and reach out to the supporters of other candidates rather than simply attacking the
other candidates.
The council-manager mayor is not a “weak” mayor. That term refers to cities that use the weak
mayor-council form in which the mayor has certain executive powers but not others. Nor is the
mayor an insignificant figurehead. As the authors of the introduction to the Eighth Model City
Charter explained,
the mayor in the council-manager form is the chief legislator, the leader of the policy-
making team. This mayor can be a “strong” mayor who, not having to overcome the
offsetting power of the council or not being bogged down with the details of managing
the city’s staff, can focus on facilitative leadership. The mayor is effective by helping the
council and staff perform better. High involvement by the council and the manager and
constructive relationships among officials are indicators of successful leadership by the
mayor. Effectiveness does not mean charting an independent path or taking over tasks from
the manager.
The mayor is a comprehensive leader who draws on the features of the council-manager form
of government to make it even more effective. The mayor is a community leader who interacts
extensively with the public. The mayor strives to create a shared vision for the city with the support
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of the entire council. The facilitative mayor helps to assure that there is extensive and positive
communication between the council and the manager. The mayor also focuses on communicating
with the public and ensuring that their views are being incorporated in the decision made by the
council and the priorities being pursued by staff. The leadership role of the mayor is supported by
direct election. Candidates speak to the full population about citywide issues and the proposals they
are advancing, and residents are able to indicate which candidate and proposals they support.
City managers do not just handle the day-to-day operations of city government, as the typical
description of the manager’s role emphasizes, although this is a crucial contribution. They also
manage achieving the long-term goals of the city and provide the council with a professional
perspective on the opportunities and challenges that the city faces. Managers are a driving force
for innovation and improved performance, and council-manager cities have a stronger record of
innovation than mayor-council cities.
Governments are increasingly involved in partnerships to advance their goals, and top
administrators must develop strategies to promote their success. John Nalbandian argues that local
government managers increasingly act as facilitators, “promoting and nurturing partnerships…
both within city government as well as between it and other organizations.”4 Compared to elected
officials, managers are uniquely positioned to carry out this function, without the risk that the
activity will turn into coalition-building for political purposes.
Governments work with nonprofits, resident groups, and other governments in a complex array
of activities. Local government managers are called upon to be knowledgeable about these
partnerships and the interactions among them, understand their goals, and take steps to support
them even though many of the participants are not members of the local government staff. In
recognition of these new responsibilities, the Society of Local Authority Chief Executives in Great
Britain calls its members the “chief strategic officers” in their governments (SOLACE 2005).5 It
is the city manager who is best situated to oversee strategy by being knowledgeable about and
facilitating the success of these joint endeavors.
The council-manager form with an elected mayor provides for vision, shared governance, informed
advice and complete information about performance, a professional executive with the requisite
experience and expertise, and continuous transparency. Local governments do not have to keep
using or revert to the separation-of-powers structure used at higher levels of government nor do
they have to take the chance that a mayor as chief executive is not well prepared for the office or not
able to handle its broad scope of responsibilities. The council is not constrained by its subordinate
position, and the performance of administrative staff is not impacted by the political interests of the
mayor. The council-manager form is designed for local governments and intended to promote the
best performance of all the officials. It is also more likely to be receptive to innovation and emerging
values.
At the present time, addressing bitter partisanship, polarization, and a declining level of public
confidence in powerful institutions requires a high level of adaptiveness and innovation. These
4 John Nalbandian, “Politics and Administration in Local Government,” International Journal of Public
Administration, 29, 1052.
5 Society of Local Authority Chief Executives in Great Britain, Leadership United: Executive Summary.
London: Society of Local Authority Chief Executives and Senior Managers, 2005.
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challenging conditions call for a new framework for a twenty-first century reform movement that
fosters resident-centered democratic governance that addresses institutional racism, political
conflict, and declining confidence in democracy by expanding the civic agency of everyday people,
and building resilient, local, multiracial democratic institutions. We hope this model charter can
contribute to an environment in which local governments can rebuild confidence in democratic
institutions, bridge the polarization gap and bitter partisan divides, increase our capacity for public
problem-solving and move the country toward a genuine, participatory, multi-racial democracy
while retaining the enhanced capacity for effective governance that has been developed over the past
century.
- James Svara, Steering Committee Member; Senior Fellow, School of Government, University
of North Carolina-Chapel Hill
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PREAMBLE
A preamble typically consists of three elements: an identification of the source of authority for the
charter, a statement of the action that is to be taken, and a declaration of the intent of the charter.
The source of authority for a city charter is the state constitution or statutory law. The action that
is to be taken is the adoption of the charter. The declaration of the intent of the charter comprises
subjective statements (not enforceable by law) that underscore or illuminate the characteristics of
a municipality, such as the values of the city, lofty goals, or even the ―personality of the drafting
commission. Charters within the same state often use the same language in their preambles; the
type of language used and the manner in which issues are addressed often provide a glimpse of
regional characteristics.
Preamble
We the people of the [city/town] of ________, under the constitution and laws of the state of
________, in order to secure the benefits of local self-government and to provide for an honest
and accountable council-manager government do hereby adopt this charter and confer upon the
city the following powers, subject to the following restrictions, and prescribed by the following
procedures and governmental structure. By this action, we secure the benefits of home rule
and affirm the values of representative democracy, professional management, strong political
leadership, public engagement, diversity and inclusiveness and regional cooperation.
Source of Authority
Identification of the source of authority tends to be standard: “We the people of Your City, under the
constitution and laws of the state...”
Occasionally, however, the source of authority is embellished with descriptive elements that reflect
valued characteristics of the community. Two examples follow:
“We the people of Your City, with our geographical and cultural diversity…”
“Treasuring the many wonders of our unique environment and realizing that the power and duty to
govern and protect this region is inherent in its people, we the people of Your City…”
Action Taken
The standard phrasing for the action statement is “do hereby adopt or some variation. Following are
two examples of action taken by the source of authority:
. . . do hereby adopt this charter
. . . do hereby adopt this home rule charter.
Intent
This can be the most creative section of the preamble (and of the charter itself). The standard
beginning of the intent section is: “By this action, we . . .” An expression of objectives, goals,
purposes, and/or values typically follows. The intent section can contain merely a reference to
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home rule or self-determination, or it can contain a combination of purposes, goals, values, and
even civic aspirations. Preambles typically reflect values such as self-determination, diversity and
inclusiveness, justice, equality, equity, efficiency, responsiveness, participation of community
members, and environmental stewardship.
Diversity and inclusiveness references should address the right of every individual to equal
opportunities and establish nondiscrimination rules. Examples follow.
“By this action, we:
provide for local government responsive to the will and values of the people and to the continuing
needs of the surrounding communities. . .
secure the benefits of home rule, increase resident participation reflecting rights or equal
opportunity of the broad diversity of the city, promote social equity, improve efficiency and
effectiveness, and provide for a responsible and cooperative government. . .
“each individual shall have an equal opportunity to participate fully in the economic, cultural
and intellectual life of the city and to have an equal opportunity to participate in all aspects
of life…”
“discrimination is prohibited based on race, color, religion, national origin, gender, age,
sexual orientation, gender expression, marital status, military status or physical or mental
disability…”
establish a government which advances justice, equity, inspires confidence, and fosters
responsibility…”
Preambles should contain all three elements. The intent section at the least should contain
a reference to home rule or self-determination (very few do) and could suggest elements of
contemporary governing values such as regional cooperation, economic vitality, diversity
and inclusiveness, comprehensive representation, strong community leadership, and public
participation.
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Article I
POWERS OF THE CITY
Introduction.
A charter should begin by defining the scope of the city’s powers. It should address the context in
which such powers operate, including the effect of state law and the desirability of cooperation with
other localities.
Section 1.01. Powers of the City.
The city shall have all powers possible for a city to have under the constitution and laws of this state
as fully and completely as though they were specifically enumerated in this charter.
Commentary.
The city should lay claim to all powers it may legally exercise under the state’s constitution and laws.
Nevertheless, some cities, particularly smaller ones, may not wish to exercise all available powers.
Cities may restrict their own power: (1) by specific provisions in the appropriate parts of the charter;
(2) by ordinance, since the section does not require that all the powers claimed be exercised; or (3)
by inaction—i.e., failure to exercise powers. The powers of the city may also be limited by state or
federal court decisions.
This section ensures that the city claims the entirety of the grant of authority available to it from
the state. Through this means, the charter is restricted from embracing less in its terms than the
constitutional home rule grant allows or from containing an inadvertent omission or ambiguity that
could open the door to restrictive judicial interpretation. This is the most that the charter can do as
the extent of the powers available to the city will depend on the state’s constitution and statutes and
judicial decisions.
The general powers provision of a charter must be tailored to the laws of each state. The courts
of some states do not give effect to a charter statement of powers expressed in general terms.
Instead, they require that the charter enumerate all of the powers claimed. The words ―as fully and
completely as though they were specifically enumerated in this charter, at the end of § 1.01—, cannot
be used in a charter in a state that requires the enumeration of powers.
Charter drafters should carefully study their state’s law on local government powers before using
this Model provision. To reduce the likelihood of restrictive judicial interpretation, a section like §
1.02 below should accompany this section.
Questions of restrictive court interpretation aside, and assuming that a state’s law does not require
an enumeration, this section may be utilized effectively under any of the existing types of home
rule grant, as well as that of the Model State Constitution (6th Edition, 1968) published by the
National Municipal League. It may be used regardless of whether the home rule grant appears in a
constitution, optional charter law, or other general enabling act.
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Section 1.02. Construction.
The powers of the city under this charter shall be construed liberally in favor of the city, and the
specific mention of particular powers in the charter shall not be construed as limiting in any way the
general power granted in this article.
Commentary.
A charter should encourage courts to interpret the powers of the city as broadly as possible. Such a
provision discourages a restrictive interpretation of the general powers statement in § 1.01. If the
charter enumerates powers, this section may prevent courts from interpreting the list of specific
powers as evidencing intent to exclude other or broader powers.
Section 1.03. Intergovernmental Relations.
The city may participate by contract or otherwise with any governmental entity of this state or any
other state or states or the United States in the performance of any activity which one or more of
such entities has the authority to undertake.
Commentary.
This section empowers the city to participate in intergovernmental relationships—to receive
assistance from the federal, state, and other local governments, to be represented in regional
agencies established under federal or state law or intergovernmental agreements, and to perform
jointly with any other governmental jurisdiction any function which any of the participating
jurisdictions may perform alone.
The nature of intergovernmental relations is rapidly changing. Most cities are an integral part of a
region. In that regard, engaging in cooperative intergovernmental relations is fundamental to the
effective functioning of a city and the region of which it is a part. Although the purpose of engaging
in intergovernmental relations is primarily to further the ends of the city, the health of the region
should also be of concern to the city.
Superior state statutes (such as a general powers provision), which cannot be altered by a charter
provision, may govern an intergovernmental relations provision. States may enact these on
an ad hoc basis, each dealing with a particular project, program, or regional or metropolitan
agency. With intergovernmental agreements becoming more common, states may have general
intergovernmental authorizing statutes or constitutional provisions.
For example, New Hampshire state law provides: N.H.R.S. Title 3, Chapter 53-A:1 Agreements
between government units.
Purpose. – It is the purpose of this chapter to permit municipalities and counties to make the
most efficient use of their powers by enabling them to cooperate with other municipalities
and counties on a basis of mutual advantage and thereby to provide services and facilities
in a manner and pursuant to forms of governmental organization that will accord best with
geographic, economic, population, and other factors influencing the needs and development
of local communities.
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If states have neither specific nor general authorization, charter drafters should look for court
opinions on intergovernmental agreements in the state. Courts may provide guidance on the extent
of a city’s power to cooperate with other governments in the absence of enabling state legislation.
Specific legislation on intergovernmental agreements often involves political questions and
considerations of state constitutional and statutory limitations on cities’ financial and borrowing
powers. In joint federal-municipal projects involving substantial sums, state legislative control over
municipal powers, coupled with restrictive judicial doctrines, may require specific state legislative
approval.
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Article II
CITY COUNCIL
Introduction.
The city council, elected by, representative of, and responsible to the residents of the city is the
fundamental democratic element of the council-manager plan.
Section 2.01. General Powers and Duties.
All powers of the city shall be vested in the city council, except as otherwise provided by law or this
charter, and the council shall provide for the exercise thereof and for the performance of all duties
and obligations imposed on the city by law.
Commentary.
This section does not specifically enumerate the powers of the council. An enumeration of specific
powers in this article will not enlarge the powers of the council and may operate to diminish them
if utilized by the courts to support restrictive interpretations (see commentary to § 1.02). In his
commentary on the first Model City Charter endorsing the council-manager plan (―The City
Council in The New Municipal Program, 1919), William Bennet Munro noted that:
So far as the composition and powers of the city council are concerned the plan set forth
in the Model City Charter rests upon the conviction that there should be a place in the
municipal framework for a body which will be avowedly deliberative, supervisory, and
policy-determining, which will be wieldy enough to perform these functions properly and
yet large enough to be truly representative of the community’s options. . . . The Model
City Charter accordingly provides for a council with a membership which can be enlarged
or contracted according to the varying size and needs of different cities. This council is
to be the pivot of the municipal system. It is to be the final source of local authority, not
sharing its powers but delegating some of them. That is to say, to a city manager chosen by
the council and holding office during the council’s pleasure, it assigns the entire charge of
administrative affairs . . . As for the powers of the city council . . . It is designed to embody,
as it were, the sovereignty of the community. It is the legislative organ of the city exercising
all the authority which the municipal corporation possesses—with one important exception
only. This restriction is that the city council, once it selects a city manager, devolves all direct
administrative authority upon him.
Recognizing that all of the powers that can be exercised by the city rest in the popularly elected
city council, the charter must provide for a council that is truly representative of the community.
Therefore, the Model presents several alternatives with recognition of the advantages of certain
alternatives over others. Each city’s population pattern— economic level, racial, ethnicity,
geographical, etc.—has implications for the method of electing the council to assure equitable
representation. While the Voting Rights Act governs all jurisdictions, in some cities the problem of
compliance with its provisions and avoidance of court challenges is a matter of particular concern.
Just as there is no absolute model for providing competent and effective legislators, there is no
absolute pattern which will assure equitable representation.
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As the body charged with making municipal policy, the council can create permanent or ad hoc
mechanisms to assist in that process. For example, it can create planning and recreation boards or
study committees. Likewise, it can create agencies with quasi-legislative or quasi-judicial status,
such as a human rights commission or a zoning appeals board.
The Model provides that the mayor shall be the presiding officer and a voting member of the council
and shall perform certain specific duties which will enhance the mayor’s role as policy leader.
Section 2.02. Eligibility, Terms, and Composition.
(a) Eligibility. Only registered voters of the city shall be eligible to hold the office of council
member or mayor.
Commentary.
This section does not include length of residence requirements for city council candidates. In an
era of great mobility in which people frequently live in one place and work in another, length of
residence requirements lose what little validity they may once have had. A prospective council
member need only be a registered voter of the city.
(b) Terms.
The term of office of elected officials shall be four years elected in accordance with Article VI.
Commentary.
The Model recommends four-year, staggered terms (§ 6.03). Under this approach, elections of
council members take place every two years. In the seventh edition, the Model listed concurrent
terms as an alternative. However, a strong majority of cities have chosen staggered terms over
concurrent terms to avoid dramatic changes in council composition at each election.
The Model does not restrict reelection to subsequent four-year terms. Limiting reelection restricts
the voters’ opportunity to keep in office council members of whom they approve. Unlimited terms
allow voters to provide a vote of confidence for council members who represent majority sentiment
and a vote of opposition for members in the minority. Finally, the city benefits from the institutional
memory of reelected council members.
(c) Composition.
There shall be a city council composed of [ ] members [see alternatives below].
Commentary.
The Model does not specify the exact number of council members but recommends that the
council be small – ranging from five to nine members. If the mayor were elected by and from the
council (§ 2.03(b), Alternative I), there would be an odd number of council members. In the largest
cities, a greater number of council members may be necessary to assure equitable representation.
However, smaller city councils are more effective instruments for the development of programs
and conduct of municipal business than large local legislative bodies. In the United States, it has
been an exceptional situation when a large municipal council, broken into many committees
handling specific subjects, has been able to discharge its responsibilities promptly and effectively.
In large councils, members usually represent relatively small districts with the frequent result that
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parochialism and “log-rolling”—bargaining for and exchanging votes on a quid pro quo basis—
distract attention from the problems of the whole city.
In determining the size of the council, charter drafters should consider the diversity of population
elements to be represented and the size of the city.
Alternative 1 - Option A - District elections of an even number of council members.
Alternative 1 – Option B - Combination of district and at-large elections of an even number of
council members.
Alternative 1 – Option C - In small homogeneous communities, at-large elections of an even
number of council members may be suitable.
With each option, the mayor is elected separately as provided in § 2.03(b).
Commentary.
The Model for the first time recommends district or a combination of districts and at-large seats on
city councils be used to address diversity and representation issues. The 8th edition listed district
and mixed election systems as one of several alternatives, listing them after the alternatives of at-
large election with district residency requirements. At-large elections should only be considered as
an alternative for small communities that are homogeneous or have no geographic concentration
of underrepresented voters. Adding district residency requirements disperses the members of the
council geographically, but all the members of the council can still be elected by the same majority.
Under-representation of specific interests is always a potential outcome with at-large elections.
Community members may feel isolated from and unconnected to their government without some
geographical basis of representation. Cities with significant differences in or conflicts among ethnic,
racial, or economic groups should consider which of the first two alternative systems will achieve
more equitable representation of the city’s population, promote sound governance, and avoid legal
challenges under the Voting Rights Act.
The growing recognition that membership on councils should represent all racial and ethnic
groups more adequately has spurred increased use of the single-member district system. With
under-represented groups concentrated in particular sections of the city, it is easier to elect council
members that represent those groups. Also, because district campaigns cost substantially less
than citywide campaigns, single-member districts can open the way for greater diversity among
candidates. Also, residents feel closer to district elected council members, whom they can hold
responsible for addressing their community concerns.
In cities where courts have found that the at-large method of electing the city council violates the
Voting Rights Act, the Justice Department has regularly approved the single-member district
system as a replacement. The single-member system has drawbacks. An inherent problem is the
danger that district elected members will subordinate citywide concerns to parochial problems.
Single-member systems also have potential for the classic problem of “log-rolling” or vote swapping.
Whenever districts are used, the drawing of district lines to provide “fair and equal” districts is of
utmost importance and may involve litigation. Section 6.03 provides districting procedures and
criteria designed to prevent gerrymandering and unequal districts, which are unconstitutional
under the one person, one vote doctrine.
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The mixed system for a council with members elected at large and members elected by and from
districts has become increasingly popular since the U. S. Department of Justice approved it as a
method of electing the city council that is compliant with the requirements of the Voting Rights
Act. This makes the mixed method suitable in places where the at-large system has been challenged
but where change to a single-member district system is opposed. The mixed system combines the
citywide perspective of the at-large council members with the local concerns and accountability of
district council members. It can allow underrepresented residents who live in concentrated areas to
influence or even determine the outcome of elections in their districts.
A problem can arise in mixed systems when at-large council members consider their position to be
superior to that of district members and are perceived as rivals to the mayor. To prevent this, at-
large and district council members should have equal status with respect to offices, services, and
length of terms. Local preference should decide the ratio of at-large to district members. Opinion
ranges from favoring a majority being elected at large to a majority being elected by and from
districts. However, for jurisdictions concerned about scrutiny by the U. S. Department of Justice or
the courts under either § 2 or § 5 of the Voting Rights Act, precedent shows a clear preference for a
majority of the council to be elected by and from districts.
Section 2.03. Mayor.
(a) Powers and Duties. The mayor shall be a voting member of the city council and shall attend
and preside at meetings of the council, represent the city in intergovernmental relationships,
appoint with the advice and consent of the council the members of community advisory boards
and commissions, present an annual state of the city message, appoint the members and officers
of council committees, assign subject to the consent of council agenda items to committees, and
perform other duties specified by the council. The mayor shall be recognized as head of the city
government for all ceremonial purposes and by the governor for purposes of military law but shall
have no administrative duties.
(b) Election. At each regular election the voters of the city shall elect a mayor at large for a term of
[the same term as other council members] years. The council shall elect from among its members a
deputy mayor who shall act as mayor during the absence or disability of the mayor and, if a vacancy
occurs, shall become mayor for the remainder of the unexpired term.
Commentary.
(a) The office of mayor in cities having the council-manager form assumes a different character
from city to city depending upon local political, economic, and social conditions. This variation
has meant that the office is not well understood, and its potential has too often gone unrecognized.
While the mayor of a council-manager city is not an executive as in the mayor-council form, he or
she is uniquely positioned to be the political and policy leader of the city. As the presiding officer of
the council and ceremonial head of the city, the mayor is the most conspicuous official of the city.
Freedom from executive responsibilities for the day-to-day municipal operations allows the mayor
to focus attention on major policy issues and important facilitative activities.
The mayor fills three facilitative roles that offer enormous leadership opportunities. First, the
mayor may coordinate the activities of other officials by providing liaison between the city manager
and the council, fostering a sense of cohesion among council members, and educating the public
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about the needs and prospects of the city. Second, the mayor may facilitate policy guidance through
setting goals for the council and advocating the adoption of policies that address the city’s problems.
Third, the mayor is an ambassador who promotes the city and represents it in dealing with other
governments as well as the public.
The specific responsibilities of the mayor listed in the Model enhance the mayor’s leadership
position. The traditional responsibility of presiding at council meetings allows the mayor to set
the tone for city government and help the council make decisions. Designation of the mayor as
intergovernmental representative reflects the increased importance of relationships with other local
governments as well as with the state and federal governments.
Mayoral appointment of boards and commissions with council advice and consent and of the
membership of council committees creates the opportunity for purposeful balanced representation
and can be used to forge coalitions and tap into networks of community activity. Finally, the mayor
delivers the state of the city message. When the state of the city message includes the setting out of
needs and goals for the city, it should reflect the thinking of the council and information provided by
the staff, as well as the mayor’s own priorities. In presenting the state of the city message, the mayor
acts as spokesperson, educator, team leader, goal setter, and policy advocate. To avoid confusion,
the time of delivery of the message should be sufficiently distanced from the presentation of the
budget by the manager.
More than half of the cities operating with the council-manager form use the direct election at-large
alternative. Many cities, particularly larger ones, believe that this method increases the potential
for mayoral leadership by giving the mayor a citywide popular support base. This is particularly
important when all or most of the council members are elected from districts. A potential
disadvantage of this method is that the mayor may have views that diverge widely from those of a
majority of the council on some important issues.
Whatever the method of election or the strength of the mayor’s leadership role, the mayor is
preeminently a legislator, a member, and leader of the council; the mayor is not an executive.
However, the office may require some special staff support. Whatever arrangements are made for
support either through the city manager or staff in the mayor’s office should be consistent with two
premises. First, the mayor should not encroach on the executive responsibilities of the manager.
Second, the mayor and council collectively, as a body, oversee the operations of the city by the
manager. Communities should avoid granting special voting status to the mayor (e.g., vote on
council only to make or break a tie). Such power will likely impede rather than enhance the mayor’s
capacity to lead. Similarly, giving the mayor veto power in a council-manager city cannot help but
confuse his or her role with that of the executive mayor in a mayor-council city.
No structural arrangement for government will ensure effective mayoral leadership. The person
who occupies the office must understand the nature of the job—its possibilities, interdependencies,
and limitations—and have the personal inclination, energy, and talent to exercise necessary
leadership. Without that, no amount of structural support will produce a leader. However, the
method of selection and the statement of responsibilities provided in the charter should help ensure
the selection of a capable person with recognized leadership abilities who will make a significant
contribution to the operation of the city.
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Section 2.04. Compensation; Expenses.
The city council may determine the annual salary of the mayor and council members by ordinance,
but no ordinance increasing such salary shall become effective until the date of commencement of
the terms of council members elected at the next regular election. The mayor and council members
shall receive their actual and necessary expenses incurred in the performance of their duties of
office.
Commentary.
Under the Model, council members are part-time officials and do not direct city departments.
Council salary level depends on a variety of factors specific to each community, including the part-
time nature of the position and the emphasis on policy-making rather than administration. The city
should reimburse council members for expenses incurred in performing their duties, e.g., travel to
the state capital to testify on behalf of the city. The Model rejects the setting of the actual amount of
compensation in the charter except for the salary of the first council after the charter goes into effect
(see § 10.05(f)). The delay in the effective date of any salary increases provides ample protection.
The city should provide extra compensation for the mayor because, in addition to regular
responsibilities as a council member, the mayor has intergovernmental, ceremonial, and city-related
promotional responsibilities.
Section 2.05. Relationship to City Manager.
As explained in Article III, the city council hires the city manager to serve as the chief executive of
the city government and may terminate the appointment of the city manager at any time. It is an
ongoing responsibility of the city council to assure that the city manager and staff are accountable
for their actions. The council shall formally evaluate the city manager’s performance on an annual
basis. The council shall also monitor the policy proposals submitted by the city manager and the
administrative actions taken by the city manager and staff to ensure that the council’s expectations
are being met and that acceptable standards are being maintained.
Commentary.
Advocates of the strong mayor-council form of government claim that direct election of the
chief executive makes city government more accountable but using the electoral process for
accountability is a slow process and not necessarily available. The council-manager form has a
chief executive who is continuously accountable to the city council. It is necessary to wait up to
four years until the next election to hold the strong mayor accountable for poor performance, and
accountability disappears in the mayor’s final term. If a recall of the mayor is possible, this requires
a large-scale collection of signatures on a recall petition and is very disruptive to city. Typically,
chief administrative officers in mayor-council cities are neither independent nor accountable to the
council. In contrast, the city manager in the council-manager form is independent but continuously
accountable. The manager’s performance should be evaluated regularly by the council, and the
manager can be removed by the council at any time if his/her performance is not acceptable.
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Section 2.06. Prohibitions.
(a) Holding Other Office. Except where authorized by law, no council member shall hold
any other elected public office during the term for which the member was elected to the council.
No council member shall hold any other city office or employment during the term for which
the member was elected to the council. No former council member shall hold any compensated
appointive office or employment with the city until one year after the expiration of the term for
which the member was elected to the council, unless granted a waiver by the Board of Ethics.
Nothing in this section shall be construed to prohibit the council from selecting any current or
former council member to represent the city on the governing board of any regional or other
intergovernmental agency.
(b) Appointments and Removals. Neither the city council nor any of its members shall in
any manner control or demand the appointment or removal of any city administrative officer or
employee whom the city manager or any subordinate of the city manager is empowered to appoint,
but the council may express its views and fully and freely discuss with the city manager anything
pertaining to appointment and removal of such officers and employees.
(c) Interference with Administration. Except for the purpose of inquiries, and investigations
under § 2.10, 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, and neither
the council nor its members shall give orders to any such officer or employee, either publicly or
privately.
Commentary.
(a) This provision prohibits council members from concurrently holding other elective office,
such as state legislator, as occurs in some states. Also prohibited is holding any other city office
or employment during one’s council term or for one year after leaving office. These provisions
are designed to avoid conflict of interest situations. The charter is specific, however, that these
prohibitions do not restrict any current or former officeholder from service on the boards of regional
or other intergovernmental agencies. Such service is particularly valuable in accomplishing the
objectives of intergovernmental cooperation.
(b) The prohibition against interference by council members in the appointment and removal
of employees and in the administration of city programs does not include the broad language of
earlier editions of the Model because it was considered too rigid and unrealistic. This provision,
while expressing the general policy of noninterference, does not exclude communication between
council members and the manager on questions of appointment and removal. The manager may
seek advice from the council regarding appointments. Council members are strictly prohibited
from giving orders to city officers or employees. However, the prohibition against interference with
administration does not prevent council members from making inquiries of department heads or
employees for the purpose of obtaining information needed by them in the discharge of their duties
including response to constituent requests. Information provided to one council member should be
shared with the entire council as warranted. The council and manager should define the parameters
for such requests and establish reasonable boundaries. In some cities, automated information
systems make information on aspects of departmental operations readily available to council
members on computer terminals.
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Section 2.07. Vacancies; Forfeiture of Office; Filling of Vacancies.
(a) Vacancies. The office of a council member shall become vacant upon the member’s death,
resignation, or removal from office or forfeiture of office in any manner authorized by law.
(b) Forfeiture of Office. A council member shall forfeit that office if the council member:
(1) Fails to meet the residency requirements,
(2) Violates any express prohibition of this charter,
(3) Is convicted of a crime involving moral turpitude, or
(4) Fails to attend three consecutive regular meetings of the council without being
excused by the council.
(c) Filling of Vacancies. A vacancy in the city council shall be filled for the remainder of the
unexpired term, if any, at the next regular election following not less than sixty days upon the
occurrence of the vacancy, but the council by a majority vote of all its remaining members shall
appoint a qualified person to fill the vacancy until the person elected to serve the remainder of the
unexpired term takes office. If the council fails to do so within thirty days following the occurrence
of the vacancy, the election authorities shall call a special election to fill the vacancy, to be held
not sooner than ninety days and not later than 120 days following the occurrence of the vacancy,
and to be otherwise governed by law. Notwithstanding the requirement in § 2.12(c), if at any time
the membership of the council is reduced to less than ______, the remaining members may by
majority action appoint additional members to raise the membership to ______.
Commentary.
The section specifies the events or conditions, which create a vacancy, the grounds for forfeiture of
office, and the manner by which the council shall fill vacancies.
Subsection (b)(3) requires forfeiture of office for crimes involving “moral turpitude.” This is a legal
standard that in most jurisdictions means the crime – felony or misdemeanor – violates community
standards of morality and involves an element of knowing intent by the perpetrator. Court findings
include In re Flannery, 334 Or. 224 (2002) (misrepresenting address in renewing driver license
to obtain valid license to rent a car was not a crime involving moral turpitude); Klontz v. Ashcroft,
37 Fed. Appx. 259 (9th Cir. 2002) (petty theft and grand theft are both crimes of moral turpitude);
Antorietto v. Regents of the University of California, 2002 WL 1265552 (Cal. App. 4 Dist. June
7, 2002) (misuse of university funds and fraudulent diversion of donor funds intended for the
university are crimes that involve moral turpitude). Another approach focuses on felonies, as in
Kansas City‘s charter, which reads: ―No member of the council shall, during the term for which he
is elected, be found guilty or enter a plea of guilty or nolo contendere to a felony under the laws of
the United States or of any state, even if subsequently followed by the suspended imposition of the
sentence. The council shall temporarily fill vacancies until the next regular election, when the voters
will fill such vacancies for the remainder of the term (unless that election occurs within sixty days
of the vacancy, in which case the candidates would have insufficient time to file). The provision calls
for a special election if the council fails to fill a vacancy within thirty days. This provision should
ensure that the council will act, but in the event of a deadlock a special election will resolve the
situation.
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Finally, the section provides for filling vacancies by council action even if the membership falls
below the quorum otherwise required for council action by § 2.12(c).
Section 2.08. Judge of Qualifications. The city council shall be the judge of the election and
qualifications of its members, and of the grounds for forfeiture of their office. In order to exercise
these powers, the council shall have power to subpoena witnesses, administer oaths and require the
production of evidence. A member charged with conduct constituting grounds for forfeiture of office
shall be entitled to a public hearing on demand and notice of such hearing shall be published in one
or more newspapers of general circulation in the city at least one week in advance of the hearing.
Commentary.
This section makes council the judge of qualifications for office and of grounds for forfeiture. It
provides procedural safeguards to protect a member charged with conduct constituting grounds for
forfeiture. The provision authorizing the council to set additional standards for the conduct of its
members empowers the council to impose on itself the highest possible ethical standards.
Section 2.09. City Clerk. The city council or the city manager shall appoint an officer of the
city who shall have the title of city clerk. The city clerk shall give notice of council meetings to its
members and the public, keep the journal of its proceedings and perform such other duties as are
assigned by this charter or by the council or by state law.
Commentary.
See §§ 2.16 and 2.17 for other duties assigned to the city clerk. In a number of states, certain
statutory duties may be assigned to the city clerk, even in cities operating with their own charters.
Section 2.10. Investigations. The city council may make investigations into the affairs of the
city and the conduct of any city department, office, or agency and for this purpose may subpoena
witnesses, administer oaths, take testimony, and require the production of evidence. Failure
or refusal to obey a lawful order issued in the exercise of these powers by the council shall be a
misdemeanor punishable by a fine of not more than $______, or by imprisonment for not more
than ______ or both.
Commentary.
This section gives the council, but not the manager, the power to make investigations. The manager
has the power to appoint, remove, and suspend officers, but it is inappropriate for the manager to
have the power to subpoena witnesses and compel production of evidence.
Section 2.11. Independent Audit. The city council shall provide for an independent annual audit
of all city accounts and may provide for more frequent audits as it deems necessary. Such audits
shall be carried out in accordance with § 5.12.
Commentary.
The necessity for annual independent audits of the city’s financial affairs has long been accepted.
This section authorizes and charges the council to conduct them.
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Section 2.12. Procedure
(a) Meetings. The council shall meet regularly at least once in every month at such times and
places as the council may prescribe by rule. Special meetings may be held on the call of the mayor or
of ______ or more members and, whenever practicable, upon no less than twelve hours’ notice to
each member. Except as allowed by state law, all meetings shall be public; however, the council may
recess for the purpose of discussing in a closed or executive session limited to its own membership
any matter which would tend to defame or prejudice the character or reputation of any person, if the
general subject matter for consideration is expressed in the motion calling for such session and final
action on such motion is not taken by the council until the matter is placed on the agenda.
(b) Rules and Journal. The city council shall determine its own rules and order of business and
shall provide for keeping a journal of its proceedings. This journal shall be a public record.
(c) Voting. Voting, except on procedural motions, shall be by roll call and the ayes and nays shall
be recorded in the journal. ______ members of the council shall constitute a quorum, but a smaller
number may adjourn from time to time and may compel the attendance of absent members in the
manner and subject to the penalties prescribed by the rules of the council. No action of the council,
except as otherwise provided in the preceding sentence and in § 2.07(c), shall be valid or binding
unless adopted by the affirmative vote of ______ or more members of the council.
Commentary.
This section sets forth what are, for the most part, standardized and well accepted procedural rules
to govern the official action of the council. The frequency of meetings can, of course, be suited to the
needs of the particular city. The section contains the important, standard protection that meetings
must be public and that a journal of proceedings be kept as a public record. Most states have open
meeting laws which specify the circumstances when closed or executive sessions may be held; such
meetings are sometimes necessary for effective council functioning. This charter and state law
contain ample safeguards to assure open meetings. All council actions require majority vote, except
actions to adjourn, to compel attendance of members in the absence of a quorum, and to appoint
additional members if the membership falls below a majority of the total authorized membership as
provided in § 2.07(c).
Section 2.13. Action Requiring an Ordinance.
In addition to other acts required by law or by specific provision of this charter to be done by
ordinance, those acts of the city council shall be by ordinance which:
(1) Adopt or amend an administrative code or establish, alter, or abolish any city
department, office, or agency;
(2) Provide for a fine or other penalty or establish a rule or regulation for violation of
which a fine or other penalty is imposed;
(3) Levy taxes;
(4) Grant, renew, or extend a franchise;
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(5) Regulate the rate charged for its services by a public utility;
(6) Authorize the borrowing of money;
(7) Convey or lease or authorize the conveyance or lease of any lands of the city;
(8) Regulate land use and development;
(9) Amend or repeal any ordinance previously adopted; or
(10) Adopt, with or without amendment, ordinances proposed under the initiative power.
Acts other than those referred to in the preceding sentence may be done either by
ordinance or by resolution.
Commentary.
This section assures that the enumerated types of council action be taken only after compliance with
all the procedural safeguards required for passage of an ordinance by the succeeding sections.
Other subjects requiring an ordinance are not mentioned here because the requirement is
specifically stated elsewhere in the charter. These include adoption of codes of technical
regulations (§ 2.16), appropriation and revenue ordinances (§ 5.06), supplemental and emergency
appropriations and reduction of appropriations (§ 5.07), and creation of a charter commission or
proposal of charter amendments (§ 9.01). Council may act via ordinance or resolution on matters
other than those enumerated in this section or as required by law or by specific provision in the
charter to be by ordinance. This does not preclude motions relating to matters of council procedure,
which may involve even less formality than resolutions.
Section 2.14. Ordinances in General
(a) Form. Every proposed ordinance shall be introduced in writing and in the form required
for final adoption. No ordinance shall contain more than one subject, which shall be clearly
expressed in its title. The enacting clause shall be “The city of ______ hereby ordains . . .” Any
ordinance which repeals or amends an existing ordinance or part of the city code shall set out in
full the ordinance, sections or subsections to be repealed or amended, and shall indicate matters
to be omitted by enclosing it in brackets or by strikeout type and shall indicate new matters by
underscoring or by italics.
(b) Procedure. Any member at any regular or special meeting of the council may introduce an
ordinance. Upon introduction of any ordinance, the city clerk shall distribute a copy to each council
member and to the city manager, shall file a reasonable number of copies in the office of the city
clerk and such other public places as the council may designate, and shall publish the ordinance
together with a notice setting out the time and place for a public hearing thereon and for its
consideration by the council.
The public hearing shall follow the publication by at least seven days, may be held separately or
in connection with a regular or special council meeting and may be adjourned from time to time;
all persons interested shall have an opportunity to be heard. After the hearing, the council may
adopt the ordinance with or without amendment or reject it, but if it is amended as to any matter
of substance, the council may not adopt it until the ordinance or its amended sections have been
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subjected to all the procedures herein before required in the case of a newly introduced ordinance.
As soon as practicable after adoption, the clerk shall have the ordinance and a notice of its adoption
published and available at a reasonable price.
(c) Effective Date. Except as otherwise provided in this charter, every adopted ordinance shall
become effective at the expiration of 30 days after adoption or at any later date specified therein.
(d) “Publish” Defined. As used in this section, the term “publish” means to print in the
contemporary means of information sharing, which includes but is not limited to, one or more
newspapers of general circulation in the city, and, if available, in a web site: (1) the ordinance or a
brief summary thereof, and (2) the places where copies of it have been filed and the times when they
are available for public inspection and purchase at a reasonable price.
Commentary.
This section dispenses with the unnecessary and cumbersome requirements of a full reading of
all ordinances and publication of their full text both before and after adoption. Distribution of
a copy to each council member obviates the need for a full reading. Permitting the printing of a
brief summary, together with notice of the times and places where copies are available for public
inspection, simplifies publication.
Further simplification occurs in §§ 2.15 and 2.16, which contain special provisions for expeditious
handling of emergency ordinances and for adoption by reference of standard codes of technical
regulations. The section retains the basic safeguards of a public hearing following notice by
publication, and a second publication with notice of adoption. It does not go so far as charters that
dispense with publication or that permit adoption at the same meeting at which a non-emergency
ordinance is introduced. It retains protective features deemed necessary for full and careful
consideration. Section 2.15 provides sufficient leeway for emergency situations.
Section 2.15. Emergency Ordinances.
To meet a public emergency affecting life, health, property or the public peace, the city council may
adopt one or more emergency ordinances, but such ordinances may not levy taxes, grant, renew or
extend a franchise, regulate the rate charged by any public utility for its services or authorize the
borrowing of money except as provided in § 5.07(b). An emergency ordinance shall be introduced in
the form and manner prescribed for ordinances generally, except that it shall be plainly designated
as an emergency ordinance and shall contain, after the enacting clause, a declaration stating that
an emergency exists and describing it in clear and specific terms. An emergency ordinance may be
adopted with or without amendment or rejected at the meeting at which it is introduced, but the
affirmative vote of at least ______ members shall be required for adoption.
After its adoption, the ordinance shall be published and printed as prescribed for other adopted
ordinances. It shall become effective upon adoption or at such later time as it may specify. Every
emergency ordinance except one made pursuant to § 5.07(b) shall automatically stand repealed
as of the sixty-first day following the date on which it was adopted, but this shall not prevent re-
enactment of the ordinance in the manner specified in this section if the emergency still exists.
An emergency ordinance may also be repealed by adoption of a repealing ordinance in the same
manner specified in this section for adoption of emergency ordinances.
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Commentary.
To facilitate timely action, the charter permits an extraordinary majority to introduce and adopt
such ordinances at the same meeting. Ordinances passed pursuant to this section may also have an
immediate effective date.
Section 2.16. Codes of Technical Regulations.
The city council may adopt any standard code of technical regulations by reference thereto in an
adopting ordinance. The procedure and requirements governing such an adopting ordinance shall
be as prescribed for ordinances generally except that:
(1) The requirements of § 2.14 for distribution and filing of copies of the ordinance shall
be construed to include copies of the code of technical regulations as well as of the
adopting ordinance, and
(2) A copy of each adopted code of technical regulations as well as of the adopting
ordinance shall be authenticated and recorded by the city clerk pursuant to § 2.17(a).
Copies of any adopted code of technical regulations shall be made available by the city clerk for
distribution or for purchase at a reasonable price.
Commentary
This provision permits adoption of standard and often lengthy, detailed, and technical regulations,
such as building and sanitary codes, by an ordinance which simply incorporates and adopts the
code by reference. Publication of the adopting ordinance satisfies publication requirements. The
adopting ordinance should indicate the nature of the code. The council is not required to include all
such technical codes in the general city code pursuant to § 2.16. This approach minimizes burden
and expense while at the same time preserving the essential safeguards of the general ordinance
procedure of § 2.13.
Section 2.17. Authentication and Recording; Codification; Printing of Ordinances and
Resolutions.
(a) Authentication and Recording. The city clerk shall authenticate by signing and shall record
in full in a properly indexed book kept for the purpose all ordinances and resolutions adopted by the
city council.
(b) Codification. Within three years after adoption of this charter and at least every ten years
thereafter, the city council shall provide for the preparation of a general codification of all city
ordinances and resolutions having the force and effect of law. The general codification shall be
adopted by the council by ordinance and shall be published, together with this charter and any
amendments thereto, pertinent provisions of the constitution and other laws of the State of
______, and such codes of technical regulations and other rules and regulations as the council may
specify. This compilation shall be known and cited officially as the ______ city code. Copies of the
code shall be furnished to city officers, placed in libraries, public offices, and, if available, in a web
site for free public reference and made available for purchase by the public at a reasonable price
fixed by the council.
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(c) Printing of Ordinances and Resolutions. The city council shall cause each ordinance
and resolution having the force and effect of law and each amendment to this charter to be printed
promptly following its adoption, and the printed ordinances, resolutions and charter amendments
shall be distributed or sold to the public at reasonable prices as fixed by the council. Following
publication of the first ______ city code and at all times thereafter, the ordinances, resolutions
and charter amendments shall be printed in substantially the same style as the code currently in
effect and shall be suitable in form for integration therein. The council shall make such further
arrangements as it deems desirable with respect to reproduction and distribution of any current
changes in or additions to the provisions of the constitution and other laws of the state of ______,
or the codes of technical regulations and other rules and regulations included in the code.
Commentary.
Subsections (a) and (c) of this section state essential procedures for maintaining legally
authenticated records of all ordinances and resolutions and for making them available to the
public. The merits of the general codification provided for in subsection (b) speak for themselves.
The Model provides for inclusion of pertinent parts of the constitution and state statutes, thus
envisioning a city code to which people may turn for all state and local legislation governing the city.
This contrasts to the situation still existing in many cities where much of this legislation, particularly
state laws of limited application, are nowhere collected and are often out of print, unavailable, or
difficult to find.
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Article III
CITY MANAGER
Introduction.
In the council-manager plan, the city manager is continuously responsible to the city council, the
elected representatives of the people.
Section 3.01. Appointment; Qualifications; Compensation.
The city council by a majority vote of its total membership shall appoint a city manager for an
indefinite term and fix the manager’s compensation. The city manager shall be appointed solely
on the basis of education and experience in the accepted competencies and practices of local
government management. Attention should be given to how the city manager expresses support
for and enacts social equity. The manager need not be a resident of the city or state at the time of
appointment but may reside outside the city while in office only with the approval of the council.
Commentary.
Six of the twelve items in the Code of Ethics established by the International City/County
Management Association (ICMA) for members of the city management profession refer to the
manager’s relationships to the popularly elected officials and to the community: 6
We believe professional management is essential to efficient and democratic local
government by elected officials.
Demonstrate by word and action the highest standards of ethical conduct and integrity in all public,
professional, and personal relationships in order that the member may merit the trust and respect of
the elected and appointed officials, employees, and the public.
Submit policy proposals to elected officials; provide them with facts, and technical and
professional advice about policy options; and collaborate with them in setting goals for the
community and organization.
Recognize that elected representatives are accountable to their community for the decisions they
make; members [of ICMA, i.e., city managers] are responsible for implementing those decisions.
Refrain from all political activities, which undermine public confidence in professional
administrators. Refrain from participation in the election of the members of the employing
legislative body [including the mayor].
Keep the community informed on local government affairs; encourage communication
between residents and all local government officers; emphasize friendly and courteous
service to the public; and seek to improve the quality and image of public service.
(The ICMA Code of Ethics can be found online at https://icma.org/icma-code-ethics-guidelines.
6 The review of the ICMA Code now in progress would add language related to equity, diversity,
inclusion, and engagement. It will be early to mid-2022 before the revision is completed. This
language reflects the 2020 version.
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The other items in the code refer to the manager’s personal and professional beliefs and conduct.)
The ethical commitments of members of ICMA advance the values promoted in the Model City
Charter.
As a professional administrator, the manager must be trained and experienced in the effective and
equitable management of public service delivery. The manager must use this expertise to efficiently
and effectively execute the policies adopted by the elected city council. Furthermore, the manager’s
breadth of knowledge and experience in the increasingly complex areas of local government
operations obligates him or her to assist the elected council in the policy-making process. The policy
role of managers has been central to the definition of the manager’s position from the beginning and
continues to be readily acknowledged.
Appointment of the manager by majority vote of the entire membership of the council, not simply a
majority of a quorum, assures undisputed support for the appointee. Appointment “for an indefinite
term” discourages contracting for a specified term or an arrangement that reduces the discretion of
the council to remove a manager.
The requirement that the manager be “appointed solely on the basis of education and experience
in the accepted competencies and practices of local public management” was added to the Eighth
Edition to stress the basic principle of the council-manager form that the manager is a qualified
professional executive. The precise level of education and experience required for the manager
will vary from one municipality to the other depending on such factors as size of population and
finances.
A useful guideline for the minimum qualifications for a city manager would be:
A master’s degree with a concentration in public administration, public affairs or public
policy and two years’ experience in an appointed managerial or administrative position
in a local government or a bachelor‘s degree and 5 years of such experience (for more
information see ICMA‘s voluntary credentialing program at www.icma.org).
While it is preferable for a manager to live in the community during employment, the Model does
not require it. This flexible approach allows communities to attract and retain the most qualified
individuals and accommodates the problem of housing availability and cost. It also enables two or
more communities to employ a single manager.
Increasingly, appointment of the manager involves an employment agreement between the
municipality and the manager. These agreements can cover all aspects of the manager’s job,
including salary, other forms of compensation, duties, performance standards, evaluation, and
severance procedures. Employment agreements provide mutual protection for the manager and
the local government. However, they are not tenure agreements and do not impede the council’s
power to remove the manager. (A model employment agreement can be found at https://icma.org/
documents/icma-model-employment-agreement-editable)
Section 3.02. Removal.
If the city manager declines to resign at the request of the city council, the city council may suspend
the manager by a resolution approved by the majority of the total membership of the city council.
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Such resolution shall set forth the reasons for suspension and proposed removal. A copy of such
resolution shall be served immediately upon the city manager. The city manager shall have fifteen
days in which to reply thereto in writing, and upon request, shall be afforded a public hearing, which
shall occur not earlier than ten days nor later than fifteen days after such hearing is requested. After
the public hearing, if one is requested, and after full consideration, the city council by a majority
vote of its total membership may adopt a final resolution of removal. The city manager shall
continue to receive full salary until the effective date of a final resolution of removal.
Commentary.
This section provides an orderly removal procedure when a manager declines to resign at the
request of the council. This section does not protect the city manager’s tenure. However, it assures
that any unjust charges will come to light and be answered, by providing for presentation to the
manager of a statement of reasons for removal in the preliminary resolution and the opportunity for
the manager to be heard if he or she so requests. As an additional protection, this section requires
a vote of a majority of all the members to pass a removal resolution, thereby preventing a minority
from acting as the majority in a quorum. The council may delay the effective date of the final
removal resolution in order to provide for termination pay. When an employment agreement exists
between the city and the city manager, termination pay should be covered in that agreement.
Section 3.03. Acting City Manager.
By letter filed with the city clerk, the city manager shall designate a city officer or employee to
exercise the powers and perform the duties of city manager during the manager’s temporary
absence or disability; the city council may revoke such designation at any time and appoint another
officer of the city to serve until the city manager returns.
Commentary.
To remove doubt as to the identity of the acting city manager, the manager must designate a city
officer or employee to serve as acting city manager during the temporary absence or disability of the
manager. The council is free, of course, to replace the acting city manager if it is dissatisfied with
performance. The acting city manager is not entitled to the protection of the removal procedure
afforded the manager by § 3.02.
Section 3.04. Powers and Duties of the City Manager.
The city manager shall be the chief executive officer of the city, responsible to the council for the
management of all city affairs placed in the manager’s charge by or under this charter. The city
manager shall:
(1) Appoint and suspend or remove all city employees and appointive administrative
officers provided for by or under this charter, except as otherwise provided by law,
this charter or personnel rules adopted pursuant to this charter. The city manager
may authorize any administrative officer subject to the manager’s direction and
supervision to exercise these powers with respect to subordinates in that officer’s
department, office or agency;
(2) Direct and supervise the administration of all departments, offices and agencies of
the city, except as otherwise provided by this charter or by law;
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(3) Attend all city council meetings. The city manager shall have the right to take part in
discussion but shall not vote;
(4) See that all laws, provisions of this charter and acts of the city council, subject to
enforcement by the city manager or by officers subject to the manager’s direction and
supervision, are faithfully executed;
(5) Prepare and submit the annual (or biennial) budget and capital program to the city
council, and implement the final budget approved by council to achieve the goals of
the city;
(6) Submit to the city council and make available and accessible to the public a complete
report on the finances and administrative activities of the city as of the end of each
fiscal year and provide information needed by the council for its annual evaluation of
performance;
(7) Make available and accessible such other reports as the city council may require
concerning operations;
(8) Keep the city council fully advised as to the financial condition and future needs of
the city;
(9) Make recommendations to the city council concerning the affairs of the city and
facilitate the work of the city council in developing policy;
(10) Provide staff support services for the mayor and council members;
(11) Assist the council to develop long term goals for the city and strategies to implement
these goals;
(12) Encourage and provide staff support for partnerships with community organizations
and for regional and intergovernmental cooperation and equitable programming;
(13) Promote partnerships among council, staff, and community members in developing
public policy and building a sense of community; and
(14) Perform such other duties as are specified in this charter or may be required by the
city council.
Commentary.
Although this section equips the manager with the necessary legal authority to discharge
administrative responsibilities, the manager’s authority may be limited in some states by provisions
of state constitutions or laws. The listing of the manager’s powers and duties assumes that the
manager will not only perform managerial duties in the city’s operations but will also have a
significant role in the development of policy. There are important policy implications in the
manager’s duties to prepare and submit the budget; to report on the city’s finances, administrative
activities, departmental operations and future needs; and to make recommendations on city
affairs. The duty to provide staff support for the mayor and council members includes providing
information on policy issues before the council.
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The expanded duties listed in items 9, 11, and 13 of the eighth edition reflect the complex
responsibilities assigned to managers to make the processes of governance work in the community.
Constructive interactions among the local government, businesses, non-profits, faith-based and
special interest organizations and neighborhood groups define a successful community. In a
similar manner, the responsibilities anticipated in item 12 charge the manager with placing each
community in the context of its region and promoting both community and regional interests.
Managers must inform and receive input from members of the community but also encourage their
active engagement in city affairs.
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Article IV
DEPARTMENTS, OFFICES, AND AGENCIES
Introduction.
This Article provides for the creation of the departments, offices, and agencies which perform
the day-to-day operations of the city. It provides that the city manager appoint and supervise
department heads. It makes exceptions in the case of the city attorney, acknowledging the close
relationship of the department of law and the city council in some cities. Finally, the Article
addresses planning, focusing on environmentally sensitive planning that takes the needs of the
surrounding region into account, and social equity, paying careful attention to race, ethnicity, and
other social characteristics when analyzing problems, looking for solutions, and defining success
throughout the organization.
Section 4.01. General Provisions.
(a) Creation of Departments. The city council may establish city departments, offices,
or agencies in addition to those created by this charter and may prescribe the functions of
all departments, offices, and agencies. No function assigned by this charter to a particular
department, office, or agency may be discontinued or, unless this charter specifically so provides,
assigned to any other.
(b) Direction by City Manager. All departments, offices, and agencies under the direction and
supervision of the city manager shall be administered by an officer appointed by and subject to the
direction and supervision of the manager. With the consent of council, the city manager may serve
as the head of one or more such departments, offices, or agencies or may appoint one person as
the head of two or more of them.
Commentary.
This section authorizes the city council to establish city departments, offices, and agencies. It
neither enumerates the operating departments nor details their internal organization. It provides
that the manager appoint, direct, and supervise the officer who administers city departments,
thus precluding administration by a board or commission. The number of departments will
vary in accordance with local needs as well as the distribution of functions among units of local
government; for example, in some cases, cities or special districts will be responsible for services
elsewhere performed by counties.
An administrative code adopted by the council is the appropriate place for the details of
departmental organization and operating rules and regulations; this allows for change without
necessitating a charter amendment. In addition, many aspects of the internal organization of
specific departments or divisions should be governed by administrative order rather than by
council action.
In a full-service city, operating departments typically will include public works, parks and
recreation, police, fire, health, library, water and other utilities. In large cities, public works
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may be subdivided into separate departments such as transportation, buildings, and sanitation.
State law generally will prescribe the organizational arrangement for housing and urban renewal
functions.
The staff departments—such as finance, personnel, planning and law—likewise should be covered
by the administrative code. To varying degrees, their organization may depend upon state law. For
example, it may not be possible to provide for an integrated finance department which includes all
aspects of finance administration. Instead, it may be necessary to provide for a city assessor and
tax collector.
Adopting an equity lens will reshape decisions and activities across all departments and programs,
and advancing equity through local governments requires a fundamental reorientation of day-to-
day operations. To support such efforts, municipalities may consider creating a department, office,
or agency whose sole task is to provide support to other divisions in local government with respect
to the adoption of an equity lens. Given the breadth of implementation required for an equity lens –
and the stated urgency of the issue – an equity office is best organized as a direct report to the City
Manager’s office.
Social equity will be best advanced through the organization if each unit has designated an
individual or a small team to serve as a lead resource within their department and a liaison to the
City Manager’s equity office. This office should be tasked with supporting the implementation of
an equity lens, through the development of trainings, tools, communications, and other activities
related to equity. The city manager is the chief equity officer, and that role could be delegated
to another office of the organization as appropriate. Still, the city manager should be the person
responsible for equitable administration.
Section 4.02. Personnel System.
(a) Merit Principle. All appointments and promotions of city officers and employees shall be
made solely on the basis of merit and fitness demonstrated by a valid and reliable examination or
other evidence of competence.
(b) Merit System. Consistent with all applicable federal and state laws, the city council shall
provide by ordinance for the establishment, regulation, and maintenance of a merit system
governing personnel policies necessary to effective administration of the employees of the
city’s departments, offices and agencies, including but not limited to classification and pay
plans, examinations, force reduction, removals, working conditions, provisional and exempt
appointments, in-service training, grievances and relationships with employee organizations.
Commentary.
The personnel provisions are designed to provide a flexible system which will encourage the
development of competent staff. As personnel systems are increasingly controlled by state law and
are subject to federal regulatory authority, the charter should not impose additional constraints
and details affecting personnel administration. It should, however, strongly state the commitment
to the merit principle. The Model states that commitment and calls on the council to provide,
by ordinance, for the organization and procedures of the personnel system. It lists subjects that
may be covered by personnel policies. Particularly in smaller jurisdictions, state law may cover
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some of these adequately, and their inclusion in the local ordinance could be unnecessary. Cities
should consider conducting an equity analysis in its personnel system, for example in terms
of recruitment, retention, hiring, and promotion policies and practices. This type of audit can
highlight the gaps in human resources that limit or undermine diversity and inclusion.
Section 4.03. City Attorney.
Alternative I – Full time City Attorney – sole counsel to city.
The city manager shall appoint a city attorney, subject to confirmation by the council. The city
attorney shall be the chief legal officer of the city, conduct all the law business of the city, be the legal
advisor to the council, the city manager, all departments, and other instrumentalities of the city
government. The city attorney shall represent the city in all actions in which the city is a party and
shall have the authority to settle claims and compromise debts in amounts not to exceed {***} and
to settle claims and compromise debts in greater amounts with the consent of the city manager. The
city attorney and the staff of the office shall engage in no other law practice. The city attorney may,
with the approval of the council, temporarily employ special legal counsel to work on problems of
an extraordinary nature when the work to be done is of such character or magnitude as to require
services in addition to those regularly provided by the city attorney. The city attorney shall serve
until removed from office by the joint action of the city manager and the Council.
Alternative II – Full time City Attorney – sole counsel to city – removal by Council
only.
The city manager shall appoint a city attorney, subject to confirmation by the council. The city
attorney shall be the chief legal officer of the city, conduct all the law business of the city, be the legal
advisor to the council, the city manager, all departments, and other instrumentalities of the city
government. The city attorney shall represent the city in all actions in which the city is a party and
shall have the authority to settle claims and compromise debts in amounts not to exceed {***} and
to settle claims and compromise debts in greater amounts with the consent of the city manager. The
city attorney and the staff of the office shall engage in no other law practice. The city attorney may,
with the approval of the council, temporarily employ special legal counsel to work on problems of
an extraordinary nature when the work to be done is of such character or magnitude as to require
services in addition to those regularly provided by the city attorney. The city attorney shall serve
until removed from office by the council.
Alternative III – Part time City Attorney
The City Manager shall appoint an attorney or law firm as independent contractors to act as city
attorney, subject to confirmation by the council. When a law firm is hired as city attorney, the firm
must designate an attorney to act as the city attorney for purposes of any requirement in law or
otherwise that the city have a person filling that office; the person so designated must be approved
by both the city manager and council. The city attorney shall be the chief legal officer of the city,
conduct all the law business of the city, be the legal advisor to the council, the city manager, all
departments, and other instrumentalities of the city government. The city attorney shall represent
the city in all actions in which the city is a party and shall have the authority to settle claims and
compromise debts in amounts not to exceed {***} and to settle claims and compromise debts in
greater amounts with the consent of the city manager. The city attorney may, with the approval of
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the council, temporarily employ special legal counsel at other law firms to work on problems of
an extraordinary nature when the work to be done is of such character or magnitude as to require
services in addition to those regularly provided by the city attorney. The city attorney shall serve
until removed from office by the joint action of the city manager and the council.
Alternative IV – Part time City Attorney- removal by Council action only
The city manager shall appoint an attorney or law firm as independent contractors to act as city
attorney, subject to confirmation by the council. When a law firm is hired as city attorney, the firm
must designate an attorney to act as the city attorney for purposes of any requirement in law or
otherwise that the city have a person filling that office; the person so designated must be approved
by both the city manager and council. The city attorney shall be the chief legal officer of the city,
conduct all the law business of the city, be the legal advisor to the council, the city manager, all
departments, and other instrumentalities of the city government. The city attorney shall represent
the city in all actions in which the city is a party and shall have the authority to settle claims and
compromise debts in amounts not to exceed {***} and to settle claims and compromise debts in
greater amounts with the consent of the city manager. The city attorney may, with the approval
of the council, temporarily employ special legal counsel at other law firms to work on problems of
an extraordinary nature when the work to be done is of such character or magnitude as to require
services in addition to those regularly provided by the city attorney. The city attorney shall serve
until removed from office by the council.
Commentary.
The role of the city attorney fulfills both the legal requirement and the practical requirement that
the legal entity have counsel. As counsel to the organization, the attorney must offer legal counsel
to the organization as a legal entity and not to the council, manager, or agencies of the government
as separate clients. The Rules of Professional Conduct for Lawyers, as adopted throughout the
United States in various forms and versions, considers in Rule 1.13 these duties and obligations
and offers the ethical rubric under which attorneys must act. Obligating the attorney to act on
behalf of the organization rather than individual constituent members of the organization requires
the attorney to provide counsel in the best interest of the entity, not the interest of one inquiring
source.
a. Models 1 & 3 require that the attorney be nominated by the manager and confirmed by the
council and serve until removed by the joint action of both council and manager. Requiring
action by both council and manager is designed to limit concern that the attorney’s advice is
tilted to either the legislative or executive branch. Oftentimes, a council or manger will ask
for the attorney’s legal opinion and this requirement provides an element of protection for
the attorney when that advice conflicts with the goals of either the council or the manager.
In any of these options mayor can be substituted for manager.
b. Models 2 & 4 require that the attorney be nominated by the manager and confirmed by
the council and serve until removed by the council. These models are the more common
practice but create conflicts between the attorney’s duty to the organization as the
legislative and executive branches may disagree on whether the attorney’s advice favors one
branch or the other. In any of these options Mayor can be substituted for manager.
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c. Where the position is full-time, the attorney should not be allowed to have a private practice
but may be able to engage in other activities such as teaching or charitable work subject to
the city’s ethics laws.
d. In option 1, the city attorney holds sole responsibility for the legal work of the city. This
option offers the city a single resource for legal analysis and advice. Should agencies,
including the council or manager, feel they need a second opinion from another source, they
must get both the approval of the city attorney and the council. By creating this process,
shopping for legal opinions will be constricted but will also be available when appropriate
and necessary.
e. Options 3 & 4 address part time city attorneys who represent the city as part of a private
practice.
f. Each option includes an authority to settle or compromise claims and debts. Those matters
should be handled by the attorney with some specific authority and by both the attorney and
manager beyond that authority. There may be a need to address the issue in the Finance
section as well. Moving settlements of cases outside the council process can help to resolve
more claims and eliminate the political posturing in cases of sensitivity.
Section 4.04. Land Use, Development, and Environmental Planning.
Consistent with all applicable federal and state laws with respect to land use, development, and
environmental planning, the city council shall:
(1) Designate an agency or agencies to carry out the equitable planning function and
such decision-making responsibilities as may be specified by ordinance;
(2) Adopt an inclusive and comprehensive plan and determine to what extent zoning and
other land use control ordinances must be consistent with the plan;
(3) Determine to what extent an inclusive and comprehensive plan and zoning and other
land use ordinances must be consistent with regional plan(s); and
(4) Adopt development regulations, to be specified by ordinance, to implement the plan.
The designated agency, the city manager, and the mayor and council shall seek to act in
cooperation with other jurisdictions and organizations in their region to promote integrated
approaches to regional issues.
Commentary.
Regulation of land use and development is a council function and an important aspect of home
rule, allowing local governments to manage growth and enhance quality of life in the community.
However, land use and development decisions have not always been made through a social
equity lens, which has resulted in differential benefits and burdens for community members.
Furthermore, in many instances land use regulations have been employed to, explicitly, exclude
marginalized groups. Therefore, we recommend that the designated agency, the city manager,
and the mayor and council incorporate social equity concerns into land use, development, and
environmental planning activities. For example, comprehensive plans, land use ordinances,
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zoning codes, and development decisions, should be assessed in terms of the impact they have on
disenfranchised groups, particularly neighborhoods and people of color. Moreover, federal and
state laws on land use, development, and environmental protection impose not only regulation,
but also, in some cases, specific procedures on local governments. The Model provision provides
the needed flexibility for the city to establish workable structures and procedures.
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Article V
FINANCIAL MANAGEMENT
Introduction.
This article provides for the development of a comprehensive financial program, allowing
maximum flexibility within the boundaries of sound fiscal practices. The budget and the
budget approval process constitute the most visible and important activity undertaken by the
government. The annual (or biennial) operating budget and multi-year capital plan are the
products of the translation of disparate and often conflicting community goals and objectives into
comprehensive financial documents. The financial planning process establishes a set of short- and
long-term goals for the community and aids in resolving disagreements that arise in the execution
of the operations of the government.
The complete financial plan involves two major elements: 1) the current annual (or biennial)
budget, and 2) the multi-year capital program which is coordinated with the budget.
Section 5.01. Fiscal Year.
The fiscal year of the city shall begin on the first day of ______and end on the last day of .
Commentary.
It is strongly recommended that the fiscal year be set so that fiscally sound municipalities will
not have to borrow for short terms in anticipation of taxes except in emergency situations. It is
recognized, however, that before changes in the fiscal year can be made consideration must be
given to the fiscal patterns of the other taxing jurisdictions affecting the city. The dates when
the state usually pays significant amounts of grants in aid to the municipality should also be
considered in developing an advantageous fiscal calendar.
Section 5.02. Submission of Budget and Budget Message.
On or before the day of of each year, the city manager shall submit to the
city council a budget for the ensuing fiscal year and an accompanying message.
Commentary.
The specific submission date will depend upon the fiscal year but, in any case, it is suggested that
it be at least 45 days prior to the beginning of the fiscal year to allow time for public input and
council deliberation.
Section 5.03. Budget Message.
The city manager’s message shall explain the budget both in fiscal terms and in terms of the work
programs, linking those programs to organizational goals and community priorities. It shall
outline the proposed financial policies of the city for the ensuing fiscal year and the impact of
those policies on future years. It shall describe the important features of the budget, indicate any
major changes from the current year in financial policies, expenditures, and revenues together
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with the reasons for such changes, summarize the city’s debt position, including factors affecting
the ability to raise resources through debt issues, and include such other material as the city
manager deems desirable.
Commentary.
The budget message should clearly present the manager’s program for accomplishing the
council’s goals and priorities for the community for the coming year as translated into financial
terms. Programs of the various city departments should be explained and the city’s debt position
summarized. From a careful reading of the budget message, members of the council and residents
should be able to obtain a clear and concise picture of what the manager expects to accomplish in
the coming year, the estimated cost, sources of revenue and changes in the city debt.
In Section 5.04. Budget.
The budget shall provide a complete financial plan of all city funds and activities for the ensuing
fiscal year and, except as required by law or this charter, shall be in such form as the city manager
deems desirable or the city council may require for effective management and an understanding
of the relationship between the budget and the city’s strategic goals. The budget shall begin with
a clear general summary of its contents; shall show in detail all estimated income, indicating the
proposed property tax levy, and all proposed expenditures, including debt service, for the ensuing
fiscal year; and shall be so arranged as to show comparative figures for actual and estimated
income and expenditures of the current fiscal year and actual income and expenditures of the
preceding fiscal year. It shall indicate in separate sections:
(1) The proposed goals and expenditures for current operations during the ensuing
fiscal year, detailed for each fund by department or by other organization unit, and
program, purpose or activity, method of financing such expenditures, and methods to
measure outcomes and performance related to the goals;
(2) Proposed longer-term goals and capital expenditures during the ensuing fiscal year,
detailed for each fund by department or by other organization unit when practical,
the proposed method of financing each such capital expenditure, and methods to
measure outcomes and performance related to the goals; and
(3) The proposed goals, anticipated income and expense, profit and loss for the ensuing
year for each utility or other enterprise fund or internal service fund operated by the
city, and methods to measure outcomes and performance related to the goals. For
any fund, the total of proposed expenditures shall not exceed the total of estimated
income plus carried forward fund balance exclusive of reserves.
Commentary.
The budget is the translation of disparate and often conflicting community aspirations into a
comprehensive financial document that reflects the governing body’s goals. It is a complete
financial plan for all funds and activities that includes both revenues and expenditures.
Expenditures for current operations and capital outlays should be shown separately with the
source of financing indicated.
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The Model does not provide a detailed classification of revenues, expenditures, and specific funds
because classifications will be developed by ordinance or administrative order, if they are not
established by state agencies concerned with local finance as part of a uniform accounting system.
Proposed current expenditures are to be presented in terms of the work programs of the respective
offices, departments, and agencies; this approach is the fundamental feature of program or
performance budgeting.
Traditional performance measures used in the budget may include input, output, efficiency, and
outcome measures with comparisons over time to encourage the government to benchmark
its performance for continuous improvement. However, cities should consider adding new
performance measures around social equity, particularly in terms of the measurement, allocation,
and impacts of resources. The city should determine whether there is equal access to programs and
services, the same quality of services for all groups and all parts of the city, and fair and consistent
law enforcement. A city should strive toward development of outcome measures which reflect
actual impact of a program, service, or project on its residents, as well as the equitable distribution
of impacts. Community members, council, and city staff should work together to undertake
performance measurement subject to the year-to-year needs and demands of the community.
Section 5.05. City Council Action on Budget.
(a) Notice and Hearing. The city council shall publish the general summary of the budget and
a notice stating:
(1) The times and places where copies of the message and budget are available for
inspection by the public, and
(2) The time and place, not less than two weeks after such publication, for a public
hearing(s) on the budget.
(b) Amendment Before Adoption. After the public hearing, the city council may adopt the
budget with or without amendment. In amending the budget, it may add or increase programs or
amounts and may delete or decrease any programs or amounts, except expenditures required by
law or for debt service or for an estimated cash deficit, provided that no amendment to the budget
shall increase the authorized expenditures to an amount greater than total estimated income.
(c) Adoption. The city council shall adopt the budget on or before the day of the _____
month of the fiscal year currently ending. If it fails to adopt the budget by this date, the budget
proposed by the city manager shall go into effect.
(d) “Publish” defined. As used in this article, the term “publish” means to print in the
contemporary means of information sharing, which includes but is not limited to, one or more
newspapers of general circulation in the city, and, if available, in a web site.
Commentary.
The only restrictions placed on the council with respect to action on the budget are those
governing the adoption procedure, the requirement that certain mandatory expenditures may not
be decreased or deleted, and the requirement that total authorized expenditures may not exceed
the total of estimated income.
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No specific date as the deadline for adoption of the budget has been included. Setting a deadline
for adoption does not preclude the earlier completion of action on the budget with ample time for
public hearings and council consideration of the budget if the manager submits it early enough.
When amendments are made following public hearing but before adoption that result in
significant changes in the budget which the public would not have anticipated, the council should
consider holding an additional public hearing to consider the amendments.
The Model promotes a favored course of action for dealing with the failure of the council to
adopt the budget by the prescribed deadline. It recommends that the budget as submitted by the
manager be deemed adopted. Among other possibilities in such a situation are (1) for the amounts
appropriated for operations in the current fiscal year to be deemed adopted; (2) for the manager’s
budget to be deemed adopted but with amendments by the council being permitted during the
first month of the new fiscal year; (3) to authorize the council to make temporary appropriations
for a period not to exceed one month, during which time it would presumably complete adoption
of the budget for the remainder of the fiscal year; and (4) to provide that the budget of the
preceding fiscal year should be applicable automatically for the first month of the ensuing year,
with the presumption that action will be completed during that time.
The city is required to publish and make the budget publicly available. In doing this, as with
any publishing, the city should also consider translating the budget into other languages to
communicate better with residents if necessary.
Section 5.06. Appropriation and Revenue Ordinances.
To implement the adopted budget, the city council shall adopt, prior to the beginning of the fiscal
year:
(a) an appropriation ordinance making appropriations by department, fund, service, strategy
or other organizational unit and authorizing an allocation for each program or activity;
(b) a tax levy ordinance authorizing the property tax levy or levies and setting the tax rate or
rates; and
(c) any other ordinances required to authorize new revenues or to amend the rates or other
features of existing taxes or other revenue sources.
Commentary.
The previous edition of the Model in the adoption subsection provided: “Adoption of the budget
shall constitute appropriations of amounts specified therein as expenditures from the funds
indicated and shall constitute a levy of the property tax therein proposed.” It took note that some
states required that appropriations and the tax levy be by ordinance. Alternative language to cover
that requirement was included. This edition specifically calls for appropriation ordinances and
revenue ordinances and that appropriations be by department, fund, service, strategy or major
organizational unit within each fund. The appropriations for each department or unit would not
be broken down in the same detail as the budget. There would be a property tax levy ordinance
and other revenue ordinances authorizing revenues from non-property taxes.
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Section 5.07. Amendments after Adoption.
(a) Supplemental Appropriations. If during or before the fiscal year the city manager
certifies that there are available for appropriation revenues in excess of those estimated in the
budget, the city council by ordinance may make supplemental appropriations for the year up to
the amount of such excess.
(b) Emergency Appropriations. To address a public emergency affecting life, health, property
or the public peace, the city council may make emergency appropriations. Such appropriations
may be made by emergency ordinance in accordance with the provisions of § 2.15. To the
extent that there are no available unappropriated revenues or a sufficient fund balance to meet
such appropriations, the council may by such emergency ordinance authorize the issuance of
emergency notes, which may be renewed from time to time, but the emergency notes and renewals
of any fiscal year shall be paid or refinanced as long- term debt not later than the last day of the
fiscal year next succeeding that in which the emergency appropriation was made.
(c) Reduction of Appropriations. If at any time during the fiscal year it appears probable to
the city manager that the revenues or fund balances available will be insufficient to finance the
expenditures for which appropriations have been authorized, the manager shall report to the city
council without delay, indicating the estimated amount of the deficit, any remedial action taken by
the manager and recommendations as to any other steps to be taken. The council shall then take
such further action as it deems necessary to prevent or reduce any deficit and for that purpose it
may by ordinance reduce or eliminate one or more appropriations.
(d) Transfer of Appropriations. At any time during or before the fiscal year, the city
council may by resolution transfer part or all of the unencumbered appropriation balance from
one department, fund, service, strategy or organizational unit to the appropriation for other
departments or organizational units or a new appropriation. The manager may transfer funds
among programs within a department, fund, service, strategy or organizational unit and shall
report such transfers to the council in writing in a timely manner.
(e) Limitation; Effective Date. No appropriation for debt service may be reduced or
transferred, except to the extent that the debt is refinanced and less debt service is required, and
no appropriation may be reduced below any amount required by law to be appropriated or by
more than the amount of the unencumbered balance thereof. The supplemental and emergency
appropriations and reduction or transfer of appropriations authorized by this section may be
made effective immediately upon adoption.
Commentary.
Supplemental appropriations, which can be the bane of any good budget procedure, are restricted
to situations in which the manager certifies to council the availability of money in excess of the
total revenues estimated in the budget. Another possibility for use of such “windfall” sums is
to require their use in the succeeding year’s budget as revenue, which would have the effect of
reducing the tax levy. Supplemental appropriations may be made only by ordinance and all the
provisions regarding publication, notice of hearing, etc., applicable to other ordinances must
be followed. Emergency appropriations may be budgeted in accordance with the procedure for
emergency ordinances.
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Provision is made for reduction of appropriations when the manager believes available revenues
will not cover appropriations and a deficit is likely. The primary responsibility is clearly the
manager’s, but it is his or her duty to inform the council and then implement any ordinances or
resolutions the council may enact.
With appropriations being made by departments, funds, services, strategies and major
organizational units and not by objects, the manager has the freedom to make transfers from
unencumbered balances within departments of units but must notify the council of transfers.
When an unencumbered balance exists in one department or unit, all or part of it may be
transferred to the appropriation of another department or unit by council resolution.
Section 5.08. Administration and Fiduciary Oversight of the Budget.
The city council shall provide by ordinance the procedures for administration and fiduciary
oversight of the budget.
Commentary.
The council will by ordinance establish the procedures and controls for implementation of the
budget. The council is entrusted with the fiduciary responsibility for the city and as such must
provide review and oversight of the budget. The city manager administers the budget and manages
the work programs and spending by departments within the policy goals and appropriations set by
the council.
Proposed work programs and requested allotments should be submitted to the manager by
department heads following adoption of the budget. The manager should review the programs and
allot portions of the total appropriation based upon the work expected to be performed during a
particular period of time, usually three months. As chief administrator, the manager must have
the authority to revise the allotments at any time during the year and for any reason.
Section 5.09. Capital Program.
(a) Submission to City Council. The city manager shall prepare and submit to the city council
a multi-year capital program no later than three months before the final date for submission of the
budget.
(b) Contents. The capital program shall include:
(1) A clear general summary of its contents;
(2) Identification of the long-term goals of the community;
(3) A list of all capital improvements and other capital expenditures which are
proposed to be undertaken during the fiscal years next ensuing, with appropriate
supporting information as to the necessity for each;
(4) Cost estimates and recommended time schedules for each improvement or other
capital expenditure;
(5) Method of financing upon which each capital expenditure is to be reliant;
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(6) The estimated annual cost of operating and maintaining the facilities to be
constructed or acquired;
(7) A commentary on how the plan addresses the sustainability of the community and
the region of which it is a part; and
(8) Methods to measure outcomes and performance of the capital plan related to the
long-term goals of the community.
The above shall be revised and extended each year with regard to capital improvements still
pending or in process of construction or acquisition.
Commentary.
The Model’s multi-year capital program provisions should compel long-range, goal-oriented,
regionally sensitive planning of capital improvements. They should also help develop a meaningful
relationship between capital and current operating expenditures. Finally, they should provide
adequate time for systematic consideration of capital projects by the council.
The Model requires that the manager submit the capital program three months prior to the final
date for submission of the budget. This gives the council an opportunity to review the proposed
projects and their cost and the methods of finance before the manager submits the annual budget.
Actual capital expenditures are carried each year as the capital outlay section of the current
budget. These expenditures may be in the form of direct capital outlays from current revenues or
debt service payments.
A sixth edition innovation continued in the seventh and eighth editions requires that the capital
program include estimated operating and maintenance costs of proposed capital facilities.
This forces more realistic projections of expenditures, because sometimes the operating cost
of a facility will exceed the amortized annual capital charge. It also discourages neglect of
maintenance.
Section 5.10. City Council Action on Capital Program.
(a) Notice and Hearing. The city council shall publish the general summary of the capital
program and a notice stating:
(1) The times and places where copies of the capital program are available for
inspection by the public, and
(2) The time and place, not less than two weeks after such publication, for a public
hearing(s) on the capital program.
(b) Adoption. The city council by resolution shall adopt the capital program with or without
amendment after the public hearing and on or before the day of the month of the current fiscal
year.
Commentary.
The capital program’s adoption, which must be preceded by required publication, notice and
hearing, means a positive commitment by the council to undertake a scheduled multi-year capital
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improvement program. The methods of financing the improvements will be detailed. Bond
issues authorized by either a bond ordinance or by a popular referendum will finance major
improvements. Most projects requiring bond issues will extend over a period of more than one
year.
Other projects, to be financed from current income, also may extend over more than one year and
will normally involve construction contracts with adequate safeguards for both parties. Still other
capital projects may be completed within a single fiscal period as part of the work program of
various city departments. In all cases, actual disbursements for capital items during a single fiscal
year, whether in the form of debt service or direct outlays, are carried as the capital outlay section
of the budget for that year.
The requirement that the capital program each year be submitted well in advance of the budget
enables the council to consider the proposed improvements, the methods for financing them,
and the recommended priorities in sufficient time to make decisions on capital items which will
be subsequently reflected in the budget. The fact that most capital improvement decisions must
be made well in advance of actual disbursements means that the bulk of the capital items in a
particular budget will be the result of decisions made several years earlier. Changes, often of a
relatively minor nature, may be made each year.
Because all states regulate borrowing for capital improvements by general legislation, no article on
this subject is included.
Section 5.11 Independent Audit.
The city council shall provide for an independent annual audit of all city accounts and may provide
for more frequent audits as it deems necessary. An independent certified public accountant or firm
of such accountants shall make such audits. Such audits should be performed in accordance with
Generally Accepted Auditing Standards (GAAS) and Generally Accepted Governmental Auditing
Standards (GAGAS).
The Council shall designate no fewer than three of its members to serve as an Audit Committee.
This Committee shall:
(1) Lead the process of selecting an independent auditor;
(2) Direct the work of the independent auditor as to the scope of the annual audit and
any matters of concern with respect to internal controls; and
(3) Receive the report of the internal auditor and present that report to the council
with any recommendations from the Committee.
The council shall, using competitive bidding, designate such accountant or firm annually, or for
a period not exceeding five years, but the designation for any particular fiscal year shall be made
no later than 30 days after the beginning of such fiscal year. The standard for independence is
that the auditor must be capable of exercising objective and impartial judgment on all issues
encompassed within the audit engagement. No accountant or firm may provide any other services
to the city during the time it is retained to provide independent audits to the city. The city council
may waive this requirement by a majority vote at a public hearing. If the state makes such an
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audit, the council may accept it as satisfying the requirements of this section.
Commentary.
Since the value of independent audits is directly related to the caliber of those who conduct them,
it is provided that certified public accountants be retained, except when a state audit is required.
Selection of a professional accountant or firm does not lend itself to the usual requirement,
however, of choosing the “lowest responsible bidder.” While the council should not disregard cost,
this is a case where the factors of competence, reliability and reputation are more significant. For
an audit to be most beneficial, some of it must extend over the entire year, which necessitates
designation of the auditor during the first month. If the state conducts periodic audits of the city’s
finances that meet council-established requirements, the state audit may be an acceptable and
money-saving substitute for an audit by a private firm.
While the Model emphasizes financial audits, the council also has a responsibility to institute
performance and management audits to evaluate the operations of departments, services, and
programs.
Section 5.12. Public Records.
Copies of the budget, capital program, independent audits, and appropriation and revenue
ordinances shall be public records.
Commentary.
In addition to compliance with the formal legal requirement that copies of the budget document
and capital program be made available, many cities prepare and widely distribute popular
summaries, which provide residents with essential general information.
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Article VI
ELECTIONS
Introduction.
Previous editions of the Model contained detailed provisions on the nomination and election
process. Since the election laws of each state apply to municipalities whether or not they operate
with a local charter, these provisions from earlier editions have been removed. The text on methods
of electing council members that appears below has been moved from Article II in the earlier
editions of the Model. Provision for nonpartisan elections and control over the timing of elections
are among the few aspects of elections that remain under local discretion. Operating within the
limitations imposed by state law, the city may by ordinance adopt regulations deemed desirable.
Section 6.01. City Elections.
(a) Regular Elections. The regular city election shall be held [at the time established by state
law] on the first ______ [day of week], in ______ [fall or spring month of odd-or even- numbered
year], and every 2 years thereafter.
(b) Registered Voter Defined. All residents legally registered under the constitution and laws of
the state of _______ to vote in the city shall be registered voters of the city within the meaning of
this charter.
(c) Conduct of Elections. The provisions of the general election laws of the state of ______
shall apply to elections held under this charter. All elections provided for by the charter shall be
conducted by the election authorities established by law. Candidates shall run for office without
party designation. For the conduct of city elections, for the prevention of fraud in such elections
and for the recount of ballots in cases of doubt or fraud, the city council shall adopt ordinances
consistent with law and this charter, and the election authorities may adopt further regulations
consistent with law and this charter and the ordinances of the council. Such ordinances and
regulations pertaining to elections shall be publicized in the manner of city ordinances generally.
(d) Ranked-Choice Voting or Proportional Representation. The council may be elected
in a single election by the method of ranked-choice voting or the single transferable vote form of
proportional representation.
(e) Beginning of term. The terms of council members shall begin the __ day of __ after their
election.
Commentary.
(a-c) Although most states regulate local elections entirely or to a very substantial extent by state
statutes, a local charter may provide certain variations. For example, home rule charters may
provide for nonpartisan local elections as provided in this section. Traditionally, the Model has
advocated separating municipal elections from state and national elections to allow a clear focus on
local issues. State election laws and city charters frequently schedule municipal elections in the fall
of odd-numbered years or in the spring of the year. Evidence suggests that turnout is higher during
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state and national elections, and some now advocate moving local elections to coincide with state
and national elections to increase participation in local races. Although the Eighth Edition did not
make a choice regarding holding local elections at the same time as state and national elections
or in separate years, the preference for off-year elections has been reasserted by the Committee.
There is an increasing risk that partisan polarization will carry over from the higher-level races to
the local races even if they are supposedly nonpartisan when all elections are held at the same time.
The focus on local issues is difficult to achieve with the attention being given to higher level races.
Introducing methods to increase turnout in a single local election such as ranked-choice voting
(RCV) is preferable to holding elections for offices at all levels of government at one time.
(d) Since the sixth edition, proportional representation (PR) via the single transferable vote method
has been advocated as an alternative means for electing the council. Until 1964 (when the sixth
edition of the Model City Charter was published), the Model recommended the Hare system (also
known as preference voting, choice voting, and the single transferable vote system) of PR as the
preferred method of electing city councils. It had been used in 22 American cities but by the early
1960s had been discarded in all but Cambridge, Massachusetts, where it is still used to elect the city
council and school committee. Unquestionably, PR provides the greatest equity in representing all
sectors of the community. However, the relative complexity of PR when using antiquated voting
procedures and the long and expensive process of counting ballots by hand concerned some voters
where it was used and initially prevented it from becoming a widespread reform measure. Now
referred to as ranked-choice voting, it is used in 21 local government elections in 2021. It is a local
option for adoption by local governments in Colorado, New Mexico, Utah, and Virginia.
Ranked-choice voting addresses a common issue when elections are a two-stage process with
either a primary before or a runoff after the general election—uneven turnout. The turnout for
the primaries that narrow the field of candidates or for run-off elections if no candidate receives
a majority of votes is generally lower than the general election. The use of ranked-choice voting
provides an “instant runoff” that determines winners in a single election, and the Charter
Committee recommends that local governments consider adopting this type of election. In 2002,
San Francisco became the first major U.S. city to adopt instant runoff voting to elect its mayor,
board of supervisors, district attorney, city attorney, treasurer, sheriff, assessor-recorder and public
defender.
There is an interest in RCV because of its potential to assure representation of minority populations
and because technological developments now allow a computerized voting and counting system,
thus eliminating the major objection to RCV. Voters rank candidates by preference. The method
depends on creation of a winning threshold—a share of votes that each council member must
receive to be elected. Election officials determine the threshold after all votes are counted, using a
formula to determine the fewest number of votes that only the winning number of candidates can
receive.
In Cambridge, for example, officials divide the total number of valid ballots cast by the number of
positions to be elected plus one. Under this approach, in an election for nine council seats where
voters cast 15,000 valid ballots, the winning threshold is 1,501, or 15,000 divided by ten, plus
one. Ten candidates theoretically could receive 1,500 votes, but only nine can obtain 1,501. Once a
particular candidate receives the designated threshold of first choices, ballot counters redistribute
any surplus votes for that candidate to another candidate based upon the voter‘s preferential
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ranking. After all surplus votes are redistributed, the weakest candidate is eliminated, and ballots
from that candidate are counted for the next choice candidate on those voters’ ballots. This process
of redistributing votes from winning candidates and weak candidates continues until the necessary
number of candidates have reached the threshold, or only nine candidates remain. In Cambridge,
this has consistently led to ninety percent of voters helping to elect a candidate, more than sixty-five
percent of voters having their first choice candidate win, and more than ninety-five percent of voters
seeing one of their top three choices win.
There is evidence that RCV contributes to the civility of campaigning. Instead of candidates
focusing on attacking their opponents, candidates perform better when they reach out positively to
as many voters as possible, including those supporting their opponents. Even though they may not
get the first vote from these voters, they may get a high-ranked vote. Campaigns may be friendlier
as a result. Reports on the impact of ranked-choice voting on civility in elections are available from
FairVote. [7]
More information about the mechanics of RCV can be obtained from the Ranked Choice Voting
Resource Center, www.rcvresources.org.
Section 6.02. Council Districts; Adjustment of Districts (for use with Alternatives II,
III and IV of § 6.03).
(a) Number of Districts. There shall be ______ city council districts.
(b) Districting Commission; Composition; Appointment; Terms; Vacancies;
Compensation.
(1) There shall be a districting commission consisting of five members. No more than
two commission members may belong to the same political party. The city council
shall appoint four members. These four members shall, with the affirmative vote of at
least three, choose the fifth member who shall be chairperson.
(2) No member of the commission shall be employed by the city or hold any other
elected or appointed position in the city.
(3) The city council shall appoint the commission no later than one year and five months
before the first general election of the city council after each federal decennial census.
The commission’s term shall end upon adoption of a districting plan, as set forth in §
6.02(c).
(4) In the event of a vacancy on the commission by death, resignation or otherwise, the
city council shall appoint a new member enrolled in the same political party from
which his or her predecessor was selected to serve the balance of the term remaining.
(5) No member of the districting commission shall be removed from office by the city
council except for cause and upon notice and hearing.
7 https://www.fairvote.org/research_rcvcampaigncivility
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(6) The members of the commission shall serve without compensation except that each
member shall be allowed actual and necessary expenses to be audited in the same
manner as other city charges.
(7) The commission may hire or contract for necessary staff assistance and may require
agencies of city government to provide technical assistance. The commission shall
have a budget as provided by the city council.
(c) Powers and Duties of the Commission; Hearings, Submissions and Approval of
Plan.
(1) Following each decennial census, the commission shall consult the city council and
shall prepare a plan for dividing the city into districts for the election of council
members. In preparing the plan, the commission shall be guided by the criteria set
forth in § 6.02(d). The report on the plan shall include a map and description of
districts recommended.
(2) The commission shall hold one or more public hearings not less than one month
before it submits the plan to the city council. The commission shall 39 make its plan
available to the public for inspection and comment not less than one month before its
public hearing.
(3) The commission shall submit its plan to the city council not less than one year before
the first general election of the city council after each decennial census.
(4) The plan shall be deemed adopted by the city council unless disapproved within three
weeks by the vote of the majority of all members of the city council. If the city council
fails to adopt the plan, it shall return the plan to the commission with its objections
and with the objections of individual members of the council.
(5) Upon rejection of its plan, the commission shall prepare a revised plan and shall
submit such revised plan to the city council no later than nine months before the
first general election of the city council after the decennial census. Such revised plan
shall be deemed adopted by the city council unless disapproved within two weeks
by the vote of two-thirds of all of the members of the city council and unless, by a
vote of two-thirds of all of its members, the city council votes to file a petition in the
______ Court, ______ County, for a determination that the plan fails to meet the
requirements of this charter. The city council shall file its petition no later than ten
days after its disapproval of the plan. Upon a final determination upon appeal, if
any, that the plan meets the requirements of this charter, the plan shall be deemed
adopted by the city council and the commission shall deliver the plan to the city
clerk. The plan delivered to the city clerk shall include a map and description of the
districts.
(6) If in any year population figures are not available at least one year and five months
before the first general election following the decennial census, the city council may,
by local law, shorten the time periods provided for districting commission action in
paragraphs (2), (3), (4), and (5) of this subsection.
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(d) Districting Plan; Criteria.
(1) In preparation of its plan for dividing the city into districts for the election of council
members, the commission shall apply the following criteria which, to the extent
practicable, shall be applied and given priority in the order in which they are herein
set forth.
(2) Districts shall be equal in population except where deviations from equality result
from the application of the provisions hereinafter set forth, but no such deviation
may exceed five percent of the average population for all city council districts
according to the figures available from the most recent census.
(3) Districts shall consist of contiguous territory; but land areas separated by waterways
shall not be included in the same district unless said waterways are traversed by
highway bridges, tunnels or regularly scheduled ferry services both termini of which
are within the district, except that, population permitting, islands not connected to
the mainland or to other islands by bridge, tunnel or regular ferry services shall be
included in the same district as the nearest land area within the city and, where such
subdivisions exist, within the same ward or equivalent subdivision as described in
paragraph (5) below.
(4) In cities whose territory encompasses more than one county or portions of more than
one county, the number of districts, which include territory in more than one county,
shall be as small as possible.
(5) In the establishment of districts within cities whose territory is divided into wards
or equivalent subdivisions whose boundaries have remained substantially unaltered
for at least fifteen years, the number of such wards or equivalent subdivisions whose
territory is divided among more than one district shall be as small as possible.
(6) Consistent with the foregoing provisions, the aggregate length of all district
boundaries shall be as short as possible.
(e) Effect of Enactment.
The new city council districts and boundaries as of the date of enactment shall supersede previous
council districts and boundaries for all purposes of the next regular city election, including
nominations. The new districts and boundaries shall supersede previous districts and boundaries
for all other purposes as of the date on which all council members elected at that regular city
election take office.
Commentary.
With two of the three alternatives provided for the election of the city council involving districts, the
provision for drawing and redrawing district lines assumes particular importance.
The process of drawing districts described in this edition and in the seventh and eighth editions
differs from that of earlier editions, in response to the Voting Rights Act and related court decisions.
Rather than a two-part process with an advisory commission recommending a plan, followed by city
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council passage of a plan (which might or might not resemble that of the advisory commission), the
Model provides for a more direct process – redistricting by an independent commission. The lead
time for redistricting should provide sufficient time to resolve some of the increasing number of
local government redistricting suits and allow sufficient time to comply with the requirements of §
5 of the Voting Rights Act if applicable. In addition, the Model provides for ordered, specific criteria
for redistricting based on population rather than the “qualified voter” standard of the sixth edition.
The Model provides for a bipartisan commission. Even cities with nonpartisan elections may have
problems with political parties (either local or national) wanting to dominate the process to achieve
advantage. To facilitate the commission’s ability to work together despite partisan differences,
the Model recommends that the four council appointees (and mandates that at least three of the
four) agree on the choice of chairman. Once the bipartisan commission submits its plan to the city
council, the council can neither approve nor veto the result. This avoids the conflict of interest
created when council members consider new districts whose lines may materially affect their
political futures. The council may, however, prevent implementation of the plan if it finds the plan
in violation of the charter and files with the courts for such a determination.
Subsection (d) lists the criteria that the commission must abide by when it draws the new districts.
The criteria are designed to preclude gerrymandering that either protects or punishes incumbents
or that prevents particular voting groups from gaining power. With the proper ordered criteria,
the redistricting process is less open to manipulation. Flagrant gerrymandering will be almost
impossible without a clear violation of the mandated criteria. The criteria concerning waterways
and islands should be included in charters where appropriate. The exact terminology for election
administration subdivisions (e.g., wards or equivalent subdivisions) should be adjusted to conform
to state law. Depending on the jurisdiction, wards and districts sometimes have the same meaning
and sometimes have different meanings.
Some cities prefer that the city council perform redistricting. This may stem from a belief that
the redistricting process essentially involves a series of political decisions, and that attempts to
separate the process from the politics is futile and foolish. Or, where the city council has historically
performed this function without causing unrest, such a preference may derive from the sense that
there is no need for change. When a city opts for redistricting by the city council, the following
provisions should be substituted in § 6.02(b) and (c) and a new § 6.02(d) be added as follows.
(b) Council to Redistrict. Following each decennial census, the city council shall, by ordinance,
adjust the boundaries of the city council districts using the criteria set forth in § 6.02(e).
(c) Procedures.
(1) The city council shall hold one or more public hearings prior to bringing any
proposed plan to a vote. Proposed plans must be available to the public for inspection
and comment not less than one month before the first public hearing on said plan.
The plan shall include a map and description of the districts recommended.
(2) The city council shall approve a districting plan no later than 10 months (300 days)
prior to the first regular city election following the decennial census.
(d) Failure to Enact Ordinance. If the city council fails to enact a redistricting plan within
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the required time, the city attorney shall, the following business day, inform the ______ Court,
______ County, and ask that a special master be appointed to do the redistricting. The special
master shall, within sixty days, provide the Court with a plan drawn in accordance with the criteria
set forth in § 6.02(e). That plan shall have the force of law unless the court finds it does not comply
with said criteria. The court shall cause an approved plan to go into effect no later than 210 days
prior to the first regular city election after the decennial census. The city shall be liable for all
reasonable costs incurred by the special master in preparing the plan for the court.
Subsections 6.03(d) and (e) of the Model should be retained, relettered (e) and (f), respectively, and
the words “city council” substituted for “commission.”
Subsection 6.03(d) of the substitute language (Failure to Enact Ordinance) gives incentive for the
council to complete redistricting on time. Failure to redistrict will not result in another election
using the old districts, as earlier editions provided. Even the most divided of city councils would
probably prefer to compromise than have a special master redistrict for them—and few would want
to explain the additional cost of paying someone else to draw up a plan that probably would not
improve upon their own compromise.
Section 6.03. Methods of Electing Council Members.
The text in this section complements the information on the composition of the council found in
Article II, § 2.02(c).
Alternative I –Mixed At-Large and Single Member District System; Mayor Elected
Separately
At the first election under this charter ______ council members shall be elected; all district
candidates and the ______ at-large candidates receiving the greatest number of votes shall serve
for terms of four years, and the ______ at-large candidates receiving the next greatest number
of votes shall serve for terms of two years. Commencing at the next regular election and at all
subsequent elections, all council members shall be elected for four-year terms.
Alternative II – Single-Member District System; Mayor Elected Separately.
At the first election under this charter ______ council members shall be elected; council members
from odd-numbered districts shall serve for terms of two years, and council members from even-
numbered districts shall serve for terms of four years. Commencing at the next regular election and
at all subsequent elections, all council members shall serve for terms of four years.
Limited Alternative III –Council Elected At Large; Mayor Elected Separately.
At the first election under this charter ______ council members shall be elected; the ______ [one-
half the number of council members] candidates receiving the greatest number of votes shall serve
for terms of four years, and the ______ [one-half the number of council members] candidates
receiving the next greatest number of votes shall serve for terms of two years. Commencing at the
next regular election and at all subsequent elections, all council members shall be elected for four-
year terms.
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Commentary.
In all the alternatives, the mayor is elected at large as provided in Alternative II of § 2.03. The
preferred alternatives include district representation to ensure that all parts of the community
are represented and have a voice on the council. In most cities, racial minorities and lower-
income groups are concentrated in selected neighborhoods, so districts elections are crucial to
representativeness. There are advantages in having a minority of members who represent the city
as a whole. Some cities nominate the candidates for district representation in a primary open only
to voters within each district but use a general election in which all voters in the city choose which
nominee will be elected to the council from each district. This method obviously strengthens the
at-large orientation of the city council while assuring that council members live in all the council
districts. Cities that use or consider using this method should be aware of the possibility that the
candidate preferred in the district or representing the majority racial or ethnic group in the district
may not be chosen by the voters citywide. The same majority can elect all the members of the
council. This method also requires a two-election process and precludes a single election with an
instant runoff. The totally at-large council is called a limited alternative III because it should only be
used in small and homogeneous cities or one in which all segments of the population are intermixed
in all parts of the city. Even in a city that is fully integrated, using ranked-choice voting can help to
ensure that diverse perspectives are represented on the council.
Section 6.04. Initiative, Referendum, and Recall.
(a) Alternative I – Provisions Provided by State Law. The powers of initiative, referendum,
and recall are hereby reserved to the electors of the city.
Alternative II - General Authority for Initiative, Referendum, and Recall.
(1) Initiative. The registered voters of the city shall have power to propose legislation
and charter amendments to the council and, if the council fails to adopt legislation or
charter amendment so proposed without any change in substance, to adopt or reject
it at a city election, but such power shall not extend to the budget or capital program
or any ordinance relating to appropriation of money, levy of taxes, salaries of city
officers or employees or effect any existing contract the city is party to, including
Collective Bargaining Agreements or other contracts between the city and its officers
and employees. Proposed legislation must not violate the Constitution, the laws of
this State or this Charter and a proposed Charter Amendment must be limited to
Charter material and not be legislative in character.
(2) Referendum. The registered voters of the city shall have power to require
reconsideration by the council of any adopted legislation and, if the council fails to
repeal a legislative ordinance so reconsidered, to approve or reject it at a city election,
but such power shall not extend to the budget or capital program or any emergency
ordinance or ordinance relating to appropriation of money or levy of taxes or to
salaries or benefits of public officers or employees.
(3) Recall. The registered voters of the city shall have power to recall elected officials of
the city, but no recall petition shall be filed against any official within six months after
the official takes office, nor, in case of a member subjected to a recall election and not
removed, until at least six months after the election.
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(b) Commencement of Proceeding: Petitioners’ Committee; Affidavit. Any five of city’s
registered voters entitled to vote in city elections may commence initiative, referendum, or recall
proceedings by filing with the city clerk an affidavit stating they will constitute the petitioners’
committee and be responsible for circulating the petition and filing it in proper form, stating their
names and addresses and specifying the address to which all notices to the committee are to be
sent, and setting out in full the proposed initiative ordinance, citing the legislation sought to be
reconsidered, or stating the name and title of the officer sought to be recalled accompanied by a
statement, not to exceed 200 words, of the reasons for the recall. Grounds for recall should relate to
and affect the administration of the official’s office and be of a substantial nature directly affecting
the rights and interests of the public.
Promptly after receipt of a recall petition, the clerk shall serve, personally or by certified mail, a
copy of the affidavit on the elected officer sought to be recalled. Within 10 days of service of the
affidavit, the elected officer sought to be recalled may file a statement with the city clerk, not to
exceed 200 words, in response. Promptly after the affidavit of the petitioners’ committee is filed,
and the response, if any, of the elected official sought to be recalled is filed, the clerk shall submit the
proposed initiative, proposed referendum petition and recall petition to the city attorney for review.
The city attorney must issue an opinion on the legality of the initiative, referendum, and recall and
if the city attorney determines them to be legal shall provide the clerk with a title of the measure to
be included on the petition and which will also be the title to be included on any ballot should the
petition be sufficient. The clerk shall then issue the appropriate petition blanks to the petitioners’
committee for those measures the city attorney determines are legally sufficient.
(c) Petitions.
(1) Number of Signatures. Initiative and referendum petitions must be signed by
registered voters of the city equal in number to at least [5 to 10] percent of the total
number of registered voters to vote at the last regular election. Recall petitions
must be signed by registered voters of the city equal in number to at least [10 to 20]
percent of the total number of registered voters to vote at the last regular election.
(2) Form and Content. All papers of a petition shall be uniform in size and style and
shall be assembled as one instrument for filing. Each signature shall be executed in
ink or indelible pencil and shall be followed by the address of the person signing.
Referendum and Initiative petitions throughout their circulation shall clearly state
the title of the legislation, include the city attorney’s description of the legislation or
Initiative and make available to anyone who asks for it or make available through a
link to the city’s website (if there is one) the full text of the legislation sought to be
reconsidered or the Initiative being proposed.
(3) Affidavit of Circulator. Each paper of a petition shall have attached to it when
filed an affidavit executed by the person circulating it stating that he or she is a
registered voter of the city entitled to vote in a city election, personally circulated the
paper, the number of signatures thereon, that all the signatures were affixed in his or
her presence, that he or she believes them to be the genuine signatures of the persons
whose names they purport to be and that each signer had an opportunity before
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signing to read the full text of the legislation proposed or sought to be reconsidered
if requested.
(4) Time for Filing Referendum and Recall Petitions. Referendum petitions must
be filed within 30 days after adoption by the council of the ordinance sought to be
reconsidered. Recall petitions must be filed within [40 to 160] days of the filing of the
petitioners‘ affidavit initiating the recall procedure.
(d) Procedure after Filing.
(1) Certificate of Clerk; Amendment. Within twenty days after the petition is
filed, the city clerk shall complete a certificate as to its sufficiency, specifying, if
it is insufficient, the particulars wherein it is defective and shall promptly send a
copy of the certificate to the petitioners’ committee by registered mail. A petition
certified insufficient for lack of the required number of valid signatures may be
amended once if the petitioners’ committee files a notice of intention to amend it
with the clerk within two days after receiving the copy of his or her certificate and
files a supplementary petition upon additional papers within ten days after receiving
the copy of such certificate. Such supplementary petition shall comply with the
requirements of paragraphs (2) and (3) of § 6.04(c), and within five days after it
is filed the clerk shall complete a certificate as to the sufficiency of the petition as
amended and promptly send a copy of such certificate to the petitioners’ committee
by registered mail as in the case of an original petition. If a petition or amended
petition is certified sufficient, or if a petition or amended petition is certified
insufficient and the petitioners’ committee does not elect to amend or request council
review under paragraph (2) of this subsection within the time required, the clerk
shall promptly present his or her certificate to the council and the certificate shall
then be a final determination as to the sufficiency of the petition.
(2) Council Review. If a petition has been certified insufficient or deemed illegal by
the city attorney and the petitioners’ committee does not file notice of intention to
amend it or if an amended petition has been certified insufficient or deemed illegal by
the city attorney, or if the committee disagrees with the title or description provided
by the city attorney, the committee may, within two days after receiving the copy of
such certificate or notice of the city attorney’s determination, file a request that it be
reviewed by the council. The council shall review the certificate or determination at
its next meeting following the filing of such request and approve or disapprove it or
modify the title or description, and the council’s determination shall then be a final
determination as to the sufficiency of the petition.
(3) Court Review; New Petition. A final determination as to the sufficiency of a
petition shall be subject to court review. A final determination of insufficiency, even
if sustained upon court review, shall not prejudice the filing of a new petition for the
same purpose after the passage of one year from the date of the final determination
of insufficiency.
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(e) Referendum Petitions; Suspension of Effect of Ordinance.
When a referendum petition is filed with the city clerk, the legislation sought to be reconsidered
shall be suspended from taking effect. Such suspension shall terminate when:
(i) There is a final determination of insufficiency of the petition, or
(ii) The petitioners’ committee withdraws the petition, or
(iii) The council repeals the legislation, or
(iv) Thirty days have elapsed after a vote of the city on the legislation.
(f) Action on Petitions.
(1) Action by Council. When a referendum or initiative petition has been finally
determined sufficient, the council shall promptly reconsider the referred legislation
by voting its repeal or adopting the initiative proposed. If the council fails to repeal
the referred legislation or adopt the initiative as proposed within thirty days after
the date the petition was finally determined sufficient, it shall submit the referred or
initiated legislation to the voters of the city.
(2) Submission to Voters of Referred or Initiated Legislation. The vote of the
city on referred or initiated legislation shall be held not less than 30 days and not
later than one year from the date of the final council vote thereon. If no regular city
election is to be held within the period prescribed in this subsection, the council
shall provide for a special election; otherwise, the vote shall be held at the same time
as such regular election, except that the council may in its discretion provide for a
special election at an earlier date within the prescribed period. Copies of the referred
or initiated legislation shall be made available at the polls.
(3) Withdrawal of Petitions. A referendum or initiated petition may be withdrawn
at any time prior to a determination that the petition is sufficient. Once determined
sufficient, the petition may only be withdrawn if the council enacts the initiated
legislation or repeals the referred legislation.
(g) Results of Election.
(1) Initiative. If a majority of the registered voters voting on a proposed initiative
ordinance vote in its favor, it shall be considered adopted upon certification of the
election results and shall be treated in all respects in the same manner as ordinances
of the same kind adopted by the council. If conflicting ordinances are approved at the
same election, the one receiving the greatest number of affirmative votes shall prevail
to the extent of such conflict.
(2) Referendum. If a majority of the registered voters voting on a referred ordinance
vote against it, it shall be considered repealed upon certification of the election
results.
(3) Recall. Ballots used at recall elections shall read: ―Shall [name] be recalled
(removed) from the office of _________? If a majority of the registered voters
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voting on a proposed recall vote in its favor, the official is removed and the winning
candidate for successor, if any, shall be elected as a replacement for the duration of
the unexpired term. Otherwise the vacancy shall be filled in accordance with § 2.06
(c).
Commentary.
Unlike other provisions, this article must be completely self-executing. Detail should not be filled in
by the council because these devices guard against possible inadequacies of council.
(a) Neither the initiative nor the referendum should be applicable to the budget, capital program,
any ordinance relating to the appropriation of money or the levy of taxes, or, of course, to salaries
of city officers or employees, for this would interfere with responsible officials striving to 47 achieve
a properly balanced long-range fiscal program. Recall should not apply to recently elected officials,
because officials need time to establish themselves in office, and because election results should not
be promptly challenged by another election.
(b) Requiring a petitioners’ committee places clear responsibility for the undertaking of initiative,
referendum, or recall proceedings.
(c) The number of signatures required for initiative and referendum petitions in the seventh edition
was fifteen percent of the total number registered to vote at the last regular city election. The eighth
edition permits charter drafters to decide upon a reasonable threshold for their city, chosen from a
range equal to or greater than five percent but less than or equal to ten percent of registered voters
to vote at the last city election. The percentage used should neither be too easy nor too burdensome.
Communities typically require more signatures for recall petitions than for initiative and
referendum petitions. In determining the recall percentage, drafters should consider distinguishing
between at-large and district offices. Limiting the period for filing a referendum petition to thirty
days after passage insures that the effective date of an ordinance will not be delayed unless the
referendum effort is of serious proportions. The timing of the recall procedure prevents the threat
of recall from pending without limitation. The time period for signature collection should be
reasonably related to the signature requirement and the size of the city, within the provided range of
40 to 160 days.
(d) The mandatory language prevents the city clerk from delaying certification of the sufficiency or
insufficiency of petitions beyond the twenty days specified.
(e) The fact that filing a referendum petition with the city clerk suspends the effective date of an
ordinance will spur the city clerk and the council into prompt action on the question of sufficiency.
When an ordinance is subjected to a referendum vote and the council’s action is sustained,
termination of the suspension must be delayed until sufficient time has passed for official
determination of the election results. This will vary with local practice. The thirty days indicated in
§ 6.04(e) (iv) is arbitrary. If there is a definite provision for the official reporting of election results,
the lifting of the suspension should probably coincide with the reporting.
(f) This section mandates council consideration of the proposed “initiative ordinance” and
reconsideration of the “referred ordinance” prior to the circulation of petitions and the ensuing
ballot question. The words “adopt a proposed initiative ordinance without any change in substance”
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permit correction of technical imperfections. If an election is necessary, provisions for submitting
a proposed or referred ordinance to the voters, or ordering a recall election, permit considerable
latitude as to the election date to encourage holding the vote at a regular election if possible. One
of the most important reasons for requiring a petitioners’ committee is to provide a mechanism for
withdrawing an initiative, referendum, or recall petition if those originating the proceedings change
their minds or feel that action of the council satisfies the need which prompted the petition.
(g) Initiative ordinances approved by the electorate become effective, just as is the case with an
ordinance passed by council, in thirty days or at whatever later date is specified.
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Article VII
THE ROLE OF PUBLIC ENGAGEMENT IN LOCAL GOVERNANCE
Introduction.
The active, informed, inclusive, and equitable engagement of community members, both
individually and collectively, is an essential element of healthy civic life and a thriving local
democracy. This article describes the role of public engagement in local governance and establishes
the principles for successful engagement.8
Effective public engagement activities, whether or not they are designed and convened by
government officials, can inform public decisions and further community goals. Consistent with
the principles of engagement enumerated in this article, anchor institutions,9 community-based
organizations, civic associations, community foundations, faith groups, and grassroots activist
groups may convene effective public engagement and problem-solving efforts that can inform
elected and appointed officials in the pursuit of their duties. Individual residents can be better
informed and invited to take part in public affairs.
Local governments can encourage and support these efforts by modeling good engagement
practices, by evaluating engagement, by sharing engagement learning among department staff and
with appointed and elected officials, and by offering resources on outreach, facilitation, and other
skills to members of the community.10 Local governments also have unique institutional structures,
such as council committees, community advisory bodies (CABs), task forces, neighborhood
advisory committees, and annual planning and budgeting processes, that can be established and
leveraged toward this purpose. In other words, cities can create the foundations for a healthy civic
infrastructure throughout the community.
8 The term “public engagement” is understood to include “public involvement,” “public participation,” “citizen
engagement,” “community engagement,” and “stakeholder engagement,” and includes robust forms of in-
person, technology-aided, or online communication that provide opportunities for public input, dialogue,
or deliberation among participants, so people’s concerns, needs, interests, and values are incorporated into
decisions and actions on public matters and issues.
9 Anchor institutions are major organizations that can shape the development of the city including
universities, hospitals, museums, sports franchises, military installations, and large corporations. https://
www.huduser.gov/portal/pdredge/pdr_edge_hudpartrpt_062211.html.
10 This term is used instead of citizen. The word “citizen” has a rich history in democracy, but it can also be
a confusing term. Sometimes it is defined in a narrow, legal way, meaning only those people who hold U.S.
passports or are eligible to vote. In this Charter, reference is made to “community members,” “residents,” or
“persons.”
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Section 7.01. Public engagement as an essential part of civic infrastructure.
The city shall treat public engagement as an integral part of effective and trusted governance, not
just as an occasional process or activity.
The city shall treat engagement as a “multi-channel” endeavor that includes face-to-face meetings,
virtual interactions, and other online communications.
The departments of city government shall encourage collaboration in public engagement efforts
with other government jurisdictions and authorities, anchor institutions, community-based
organizations, civic groups, and individual residents.
Commentary.
Cities fail to realize the full benefits of engagement when they conduct participation activities on
a piecemeal, occasional, or differing department-by-department basis. Public engagement will be
more effective, equitable, and efficient if the city treats it as part of the normal governance process
and civic infrastructure of the community as a whole.
Public engagement is particularly important in long range planning and annual budgeting
processes. For example, participatory budgeting (PB) is a type of engagement in which community
members develop projects to improve the community, often in concert with city officials, and then
vote on how to allocate public funds among those projects and ideas. Cities throughout the world
have instituted annual PB processes.
To ensure that public engagement is accessible and convenient, cities should “meet people where
they are,” both geographically (holding meetings in many different locations) and digitally (using
different information technology tools and platforms, including neighborhood and community
networks).
Furthermore, if cities don’t collaborate with leaders and organizations outside government,
leaders may misunderstand community preferences and perspectives. City officials should develop
relationships with a wide range of community members and community organizations in order to
participate in, respond to, and support engage resident-led initiatives. Government officials should
leverage the connections and networks that already exist in the community, rather than treating
each engagement initiative as a separate, stand-alone effort.
At the same time, the success of any local government’s engagement efforts is dependent on the
recognition by residents of their responsibilities as community members. These responsibilities
include voting, volunteering, deliberating respectively with other members of the community,
seeking and sharing information honestly, and engaging with local institutions to co-produce
public goods and services and address community challenges.
Section 7.02. Institutional structures to support and coordinate engagement.
The city shall establish new institutional structures or adapt existing structures to oversee, support,
coordinate, track, and measure engagement on an ongoing basis. These structures can include:
(1) Council committees that include residents and other stakeholders
(2) Departments or administrative positions
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(3) Public engagement commissions
(4) Community advisory boards, including boards designated to address the concerns of
specific populations.
(5) Youth commissions
(6) Participatory budgeting processes and commissions
Commentary.
By establishing structures to support public engagement, the city can help ensure that engagement
is sustained and improved over time through organizational arrangements. These types of
institutional structures provide platforms to hear testimony from experts and support productive
deliberation while meeting the requirements of open meeting laws.
Because effective public engagement requires specific types of expertise such as outreach and
facilitation, designated departments, and administrative roles, such as an engagement coordinator,
can ensure that engagement is well executed. The city manager should be in regular contact with
these operational units to ensure that they are investing in robust public engagement consistent
with the spirit and principles of this Article. Additionally, descriptions of city manager and
department administrator positions may usefully contain language that calls for attention to public
engagement-related learning, exemplary practices, and capacity building by, as appropriate, the
municipality or department.
A public engagement commission or office can collaborate with city staff to: develop multi-year
plans to guide public engagement activities, programs, and policies; develop engagement guidelines
and recommendations for city agencies; provide advice and recommendations regarding the
implementation of engagement guidelines and practices to staff and stakeholders alike. A public
engagement commission could also review process evaluation results to provide advice and
recommendations regarding continuous improvement of engagement policies and practices and
provide an annual report regarding the status of public engagement in the city and community at
large.
Other CABs that address specific policy arenas should actively engage residents in a variety of ways;
this responsibility should be reflected in the charter of the CAB and its members. These advisory
bodies can be particularly valuable as platforms for broad, early public engagement on important
issues and decisions. CABs should be encouraged to adopt public engagement processes in advance
of formal deliberation and decision-making efforts. Public engagement staff can provide training
and how-to resources to support the engagement work of CABs.
Youth commissions can elevate the voices of young people in city decisions. Like other CABs, youth
commissions are most successful if the members engage their peers in dialogue and deliberation,
rather than only representing their individual interests. These types of structures can hear
testimony from experts and support productive deliberation while meeting the requirements of
open meeting laws.
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Section 7.03. Principles of public engagement.
To ensure public engagement centers on the needs and goals of community members, the city shall
uphold the following principles, using them as the basis of public engagement protocols and in the
remits of public engagement structures (as listed in Section 7.02):
(a) Equity in engagement. Principles of justice, equity, diversity, and inclusion should guide the
design and execution of public engagement activities, in several ways:
(1) Government-sanctioned bodies such as CABs may become “gatekeeping” entities that
reflect the ideas of self-designated community leaders if they aren’t inclusive, open,
and accessible to all members of the public. City officials, therefore, should conduct
continual public outreach to bring in new voices.
(2) When engaging community members, city officials should identify and proactively
reach out to the community in its full diversity. To ensure that public engagement
activities are not attended only by people already active in local government and
politics, city officials should regularly recruit residents through face-to-face or
personal written invitations, social media requests, and randomized selection
methods. Materials should be written in plain, comprehensible English, and should
also be translated into the other predominant languages that residents speak and
read.
(3) Traditionally excluded and marginalized individuals and communities should be
included in ways they themselves identify as authentic and meaningful. City officials
should co-design engagement processes with community members to meet the needs
of the communities served. Processes should respect a range of values, interests,
perspectives, experiences, cultures, and knowledge of those involved.
(4) The city should expect local the organizations and networks it works with to engage
their members in equitable and deliberative ways, so that the input received is
representative of their constituents.
(5) The city should use an equity lens to evaluate data on impacts of engagement,
including costs, benefits, and responsibilities.
(b) Accountability in engagement. There should be meaningful opportunities for community
members to bring issues, concerns, and priorities to city officials to influence city policy, ordinances,
and actions. Public engagement activities should be designed to appropriately fit the legal authority,
scope, character, and potential impact of a policy, program, or project. There should be clarity about
process sponsorship, purpose, design, and how the results will be used. The purpose and potential
influence of each public engagement process should be known by all participants in advance but
should be flexible enough to adapt to changing conditions during implementation.
(c) Transparency in engagement. Communications about public issues and public engagement
opportunities should ensure community members can engage effectively. Communications should
be made in the predominant languages that residents understand. Participants should have the
opportunity to bring and share their own experiences as well as information they have gathered
about the issues at hand. Full and complete results should be shared and explanations of how the
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results will be used or how they will influence decisions should be provided to process participants
and the broader public.
(d) Accessibility in engagement. Public engagement activities should be broadly accessible in
terms of schedule, location, facilities, and information and communication technologies. Schedules
should accommodate a variety of participants. Locations should be nearby and reachable via
affordable transit, and some engagement activities should be conducted in places where community
members already gather regularly. Facilities should be welcoming public spaces and not present
physical or cultural barriers to participation. Online engagement opportunities should use
technologies that are freely available to residents and attend to barriers people may face, such as:
no access to broadband, limited proficiency with technology, and challenges related to deaf-blind
accessibility.
(e) Collaboration in engagement. Public engagement efforts should build on and help develop
long-term, collaborative working relationships and mutual learning opportunities with residents
of all ages, civic groups, organizational partners, and other governments. This may include project-
specific or ongoing community engagement initiatives.
(f) Evaluation of engagement activities. Each public engagement activity and the state of
engagement overall should be evaluated through participant feedback, analysis, and learning that
is shared publicly and broadly. The ideas, preferences, and/or recommendations contributed by
participants should be fully documented and be made available to participants and the broader
public. Lessons learned should be applied to future public engagement activities and contribute to
the city’s overall engagement plan.
Commentary.
Elected representatives and city administrators have important roles to play in public engagement.
Elected leaders should inspire, encourage, oversee, and (when appropriate) participate in
engagement efforts. Perhaps most importantly, they should respond to the input and ideas that
emerge from engagement efforts, reacting to policy recommendations and supporting other ways
for community members to help solve public problems.
City administrators have many of the same responsibilities as elected officials, plus the duty to
help staff, support, and coordinate public engagement efforts. Administrators should ensure that
relevant city employees have the right skills, training, and job incentives to work effectively in
engagement activities.
To actualize the principles laid out in this article, the city council may need to amend local
ordinances to allow for effective public participation processes and structures that differ from the
conventional public testimony model. In addition to public participation related to decisions made
by city council, in the mayor’s office, or in the city administrator’s office, each city department or
bureau should adopt its own public participation practices that are consistent with the principles
established in Article VII.
There are a number of resources that can be helpful to local government officials and staff:
• Making Public Participation Legal (National Civic League, 2013), which includes a model
ordinance to support more effective engagement.
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• Strengthening and Sustaining Public Engagement: A Planning Guide for Communities
(Public Agenda, 2018).
• Public Participation for 21st Century Democracy (Nabatchi and Leighninger, 2015).
• “Repurposing Citizen Advisory Bodies,” (Stout, National Civic Review, 2014).
• Participedia, the world’s largest online database of engagement examples, processes, tools, and
organizations.
• The Civic Tech Field Guide, a crowdsourced, global collection of technology for tools and
projects.
General Commentary.
Upgrading the engagement capacity of local government is one of the most significant changes
to be found in the Ninth Edition of the Model City Charter. Previous editions emphasized the
importance of administrative professionalism, efficiency, and ethics in local government. The Ninth
Edition continues that tradition but also elevates the importance of just, inclusive, and equitable
public engagement; the values of democratic professionalism and ethics; and community-centered
governance and problem solving.
There are many reasons for this new emphasis on public engagement, including:
(1) Local governments face complex challenges. For some of these issues, governments
must negotiate tensions and tradeoffs among competing, underlying public
values. This work is best done in collaboration with community members, through
deliberative problem-solving, planning, and decision-making, rather than solely
through technical expertise or adversarial politics.
(2) Public engagement can bridge divides. While most conventional engagement
processes seem to encourage tensions and divisions among community members,
and between community members and government, more participatory and
equitable practices have achieved success in building mutual understanding and
establishing common ground and consensus across different groups of people.
(3) Community members have tremendous problem-solving capacities. In fact, many
public problems simply cannot be addressed without the support of large numbers
of people, through changes in their behavior, increased volunteerism, and/or
collaboration between community members and government officials.
(4) Equity and engagement require one another. It is difficult to address issues of race
and equity (past and present) without engaging large, diverse numbers of people, and
it is difficult to engage large, diverse numbers of people without addressing issues
of race and equity. Making public engagement more inclusive and participatory will
help produce more equitable outcomes for a wider range of people, as will engaging
people in evaluating whether policy outcomes are in fact equitable.
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(5) Civic health matters. Strong, ongoing connections among community members, robust
relationships between community members and public institutions, and positive
attachments between people and the places they live are highly correlated with a range
of positive outcomes, from better physical health to higher employment rates to better
resilience in the face of natural disasters.
For all these reasons, public engagement should be pursued in the interest of the health, prosperity,
justice, safety, and the general well-being of the community.
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Article VIII
GENERAL PROVISIONS
Introduction.
All communities should have fully developed provisions dealing with the ethical expectations
essential to responsible government. Ethics provisions foster public trust in the integrity of city
government and serve as a check on improper or abusive behavior by city officials and employees.
Communities should also have a comprehensive campaign finance code requiring, at the least,
disclosure of sources of money used in the campaign for city office. The amount of money flowing
into local races continues to grow and must be regulated to help avoid the public perception of
corruption.
Section 8.01. Conflicts of Interest; Board of Ethics.
(a) Conflicts of Interest. The use of public office for private gain is prohibited. The city
council shall implement this prohibition by ordinance, the terms of which shall include, but not
be limited to: acting in an official capacity on matters in which the official has a private financial
interest clearly separate from that of the general public; the acceptance of gifts and other things of
value; acting in a private capacity on matters dealt with as a public official; the use of confidential
information; and appearances by city officials before other city agencies on behalf of private
interests. This ordinance shall include a statement of purpose and shall provide for reasonable
public disclosure of finances by officials with major decision-making authority over monetary
expenditures and contractual and regulatory matters and, insofar as permissible under state law,
shall provide for fines and imprisonment for violations.
(b) Board of Ethics. The city council shall, by ordinance, establish an independent board of
ethics to administer and enforce the conflict of interest and financial disclosure ordinances. No
member of the board may hold elective or appointed office under the city or any other government
or hold any political party office. Insofar as possible under state law, the city council shall
authorize the board to issue binding advisory opinions, conduct investigations on its own initiative
and on referral or complaint from officials or resident, subpoena witnesses and documents,
refer cases for prosecution, impose administrative fines, and to hire independent counsel. The
city council shall appropriate sufficient funds to the board of ethics to enable it to perform the
duties assigned to it and to provide annual training and education of city officials and employees,
including candidates for public office, regarding the ethics code.
Commentary.
Many states have conflict of interest and financial disclosure laws which include local officials as
well as state officials. Cities in these states may wish to modify this section accordingly by either
eliminating duplication with state law or providing for local filing of state forms to provide local
access to the information.
Instead of providing essentially statutory language, this section mandates council passage
of ordinances covering certain basic subjects and which provide for a specific mechanism
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to administer and enforce the law. This permits amendment as may be required without a
referendum, which would be necessary if the charter covered the subject in detail. This provision
shows that the charter is serious about the need for dealing with ethics problems but at the
same time leaves it to the city council to adopt the formulation most appropriate for the specific
situation. It makes a provision for a Board of Ethics but leaves details on the board’s composition
and procedure to the council.
Other provisions councils could adopt, but not listed in the Model, relate to acting in an official
capacity over any campaign donor who contributes $ or more to the official’s campaign; the
hiring of relatives; acting in an official capacity on matters affecting a prior employer within a
designated time period after leaving the employer; accepting outside employment while in office;
and accepting employment with an employer over whom the official or employee acted in an
official capacity, within a designated time period after leaving office. Westminster, Colorado,
pioneered the conflict of interest approach to limiting campaign contributions, via charter
amendment, and other cities have expressed interest in following its example either by charter
or ordinance. A substantial number of cities restrict hiring of relatives and prior, outside, and
subsequent employment arrangements.
Section 8.02. Prohibitions.
(a) Activities Prohibited.
(1) No person shall be appointed to or removed from, or in any way favored or
discriminated against with respect to any city position or appointive city
administrative office because of race, gender, age, sexual orientation, disability,
religion, country of origin, or political affiliation. The city may adopt policies to
increase diversity in employment and contracting and/or to remedy the effects of
past discrimination.
(2) No person shall willfully make any false statement, certificate, mark, rating or
report in regard to any test, certification or appointment under the provisions
of this charter or the rules and regulations made there under, or in any manner
commit or attempt to commit any fraud preventing the impartial execution of such
provisions, rules and regulations.
(3) No person who seeks appointment or promotion with respect to any city position
or appointive city administrative office shall directly or indirectly give, render or
pay any money, service or other valuable thing to any person for or in connection
with his or her test, appointment, proposed appointment, promotion or proposed
promotion.
(4) No person shall knowingly or willfully solicit or assist in soliciting any assessment,
subscription or contribution for any political party or political purpose to be used in
conjunction with any city election from any city officer or city employee.
(5) No city officer or city employee shall knowingly or willfully make, solicit, or receive
any contribution to the campaign funds of any political party or committee to be
used in a city election or to campaign funds to be used in support of or opposition
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to any candidate for election to city office. Further, no city employee shall
knowingly or willfully participate in any aspect of any political campaign on behalf
of or opposition to any candidate for city office. This section shall not be construed
to limit any person’s right to express opinions or to cast a vote nor shall it be
construed to prohibit any person from active participation in political campaigns at
any other level of government.
(6) City officers or employees may spend public funds and advocate for the city’s
position on a city ballot issue when the city is authorized to adopt a position to
support or oppose a specific city ballot issue and has formally: adopted a position
to support or oppose a specific ballot issue, authorized the expenditure of public
funds, or authorized city officers or employees to speak and campaign on its behalf
on the measure.
(b) Penalties.
Any person convicted of a violation of this section shall be ineligible for a period of five years
following such conviction to hold any city office or position and, if an officer or employee of the city,
shall immediately forfeit his or her office or position. The city council shall establish by ordinance
such further penalties as it may deem appropriate.
Commentary.
The activities prohibited by this section are antithetical to the maintenance of a sound, permanent
municipal service. The prohibition against discrimination states basic municipal policy which
applies to all personnel relationships. Prohibiting fraud or attempted fraud and bribery in
connection with appointments and promotions by charter provision stresses the importance
of maintaining the integrity of the public service. Prohibitions against political solicitation and
participation in political campaigns afford protection for the employee as well as the integrity
of the system. State law of general application may be sufficiently comprehensive to cover the
activities prohibited by this section. If so, the charter need not contain these provisions except to
give confirmation of public acceptance of these policies.
In FOP v. Montgomery County, https://mdcourts.gov/data/opinions/coa/2016/45a15.pdf
Maryland’s highest court recognized the right of “government speech” in the context of a ballot
issue associated with remedying a charter provision that provided for “effects” bargaining in the
police department and which inhibited police reform. The Court concluded that who better than
the government to speak on issues of its operations and allowed public funds and employees to
be used to support the county’s position in a referendum that the FOP sought to overturn the
charter change. Wording in section 8.02. 5 has been changed in this edition to preserve—in those
jurisdictions like Maryland that would allow support of certain ballot initiatives—the authority
of employees to act on behalf of the city to support a ballot measure. The Court’s opinion was
very limited and does not offer support for the view that the government can use public funds
or employees to support measures that do not affect the operation of the government. Thus,
the language in the proposed amendment provides that this support can only be offered “where
authorized.”
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Section 8.03. Campaign Finance.
(a) Disclosure. The city council shall enact ordinances to protect the ability of city residents
to be informed of the financing used in support of, or against, campaigns for locally elected
office. The terms of such ordinances shall include, but not be limited to, requirements upon
candidates and candidate committees to report in a timely manner to the appropriate city
office: contributions received, including the name, address, employer, and occupation of each
contributor who has contributed or more; expenditures
made; and obligations entered into by such candidate or candidate committee. In so far as is
permissible under state law, such regulations shall also provide for fines and imprisonment for
violations. The ordinance shall provide for convenient public disclosure of such information by the
most appropriate means available to the city.
(b) Contribution and Spending Limitations. In order to combat the potential for, and
appearance of, corruption, and to preserve the ability of all qualified community members to
run for public office, the city shall, in so far as is permitted by state and federal law, have the
authority to enact ordinances designed to limit contributions and expenditures by, or on behalf of,
candidates for locally elected office. Ordinances pursuant to this section may include but are not
limited to: limitations on candidate and candidate committees that affect the amount, time, place,
and source of financial and in-kind contributions; and, voluntary limitations on candidate and
candidate committee expenditures tied to financial or non-financial incentives.
Commentary.
This section was added to the eighth edition in recognition of the substantial number of cities
that have enacted campaign finance laws since the seventh edition. This trend indicates that
increasingly large amounts of private money have permeated local elections and reflects public
perception that such money has had a distorting influence on the democratic process.
Section 8.03(a) provides for disclosure of candidate contributions and expenditures. A strong
majority of cities in the United States have some form of campaign contribution and expenditure
disclosure requirements. This section of the charter requires the city to provide for timely
disclosure of such funds. It further requires that disclosure of contributions above a certain
threshold include the donor’s employer and occupation. Such information allows the public to
identify the sources of funding that influence local elections. The requirement that the city provide
for “convenient public disclosure” is meant to encourage electronic disclosure over city web sites
when such technology and resources are available.
Section 8.03(b) provides the city with express authority, but not a mandate, to enact any of the
several innovative campaign finance laws that cities have enacted over the last three decades. This
includes options such as contribution limitations, time limits on fund raising, and public financing
as an incentive for candidates to adhere to voluntary spending limits.
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Article IX
CHARTER AMENDMENT
Introduction.
All charters require modification from time to time. In states where the constitution or statutes
prohibit cities from adopting their own methods of charter revision, this article cannot be used.
Section 9.01. Proposal of Amendment.
Amendments to this charter may be framed and proposed:
(a) In the manner provided by law, or
(b) By ordinance of the council containing the full text of the proposed amendment and
effective upon adoption, or
(c) By report of a charter commission created by ordinance, or
(d) By the voters of the city.
Proposal of an amendment must be submitted to the Clerk in advance of a petition and reviewed
by the City Attorney for conformity with this Charter, legality and for the City Attorney to provide
a title to be used on the petition and ballot and a description of the effect of the proposed charter
amendment. Upon approval of sufficiency of the proposed amendment, the amendment will be
submitted to the voters of the city.
A proposed amendment initiated by the voters shall be by petition containing the description of
the amendment and title approved by the City Attorney and on forms issued by the Clerk. The
subject matter of a charter amendment must not be legislative and must be directed at the form
of government and governance of the city authorizing or limiting its powers and directing the
manner of exercise of those powers. The petition must be signed by registered voters of the city
equal in number to at least [5 to 10] percent of the total number of those registered to vote at the
last regular city election. The petitioners’ committee may withdraw the petition at any time before
the Clerk certifies the petition for sufficiency.
Commentary.
This article lists four methods for proposing charter amendments. The first references any
methods which are provided by state law, and the second is by the council itself. The third is by a
charter commission, which in many states may be created by the council. Depending on the state,
the procedures binding the charter commission may be found in the constitution or state law.
Often the procedures allow formation of the charter commission by petition or by ordinance.
The final method of charter amendment is by a voter-initiated petition. The signature requirement
for charter amendment petitions should be a fixed percentage between five and ten percent of
registered city voters. It is important that the number of signatures required be substantial. It
should be relatively difficult to amend the charter, and charter amendments should not be used to
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harass officials. Charter Amendments should only include charter material and should not include
legislative material. A Charter is intended to be a constitution, not a code of laws.
Section 9.02. Election.
Upon delivery to the city election authorities of the report of a charter commission or delivery by
the city clerk of an adopted ordinance or a petition finally determined sufficient, proposing an
amendment pursuant to § 9.01, the election authorities shall submit the proposed amendment to
the voters of the city at an election. Such election shall be announced by a notice containing the
complete text of the proposed amendment and published in one or more newspapers of general
circulation in the city at least thirty days prior to the date of the election. The election shall be held
not less than 60 and not more than 120 days after the adoption of the ordinance or report or the
final determination of sufficiency of the petition proposing the amendment. If no regular election
is to be held within that period, the council shall provide for a special election on the proposed
amendment; otherwise, the holding of a special election shall be as specified in state law.
Section 9.03. Adoption of Amendment.
If a majority of those voting upon a proposed charter amendment vote in favor of it, the
amendment shall become effective at the time fixed in the amendment or, if no time is therein
fixed, 30 days after its adoption by the voters.
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Article X
TRANSITION AND SEVERABILITY
Introduction.
Many charters do not facilitate transition from an old to a new form of government organization.
More than almost any other part of the charter, the article containing transitional provisions
needs to be tailored to existing law and organization. The Model makes no claim to being complete
in this regard but calls attention to matters that must be considered and provides a basic pattern
for a transition article. Care in the preparation of this article will have important benefits. It can
disarm arguments that adoption of a new charter will harm existing personnel and the processes
of the government. It may also save the city from costly litigation and administrative confusion.
Section 10.01. Officers and Employees.
(a) Rights and Privileges Preserved. Nothing in this charter except as otherwise specifically
provided shall affect or impair the rights or privileges of persons who are city officers or employees
at the time of its adoption.
(b) Continuance of Office or Employment. Except as specifically provided by this charter, if
at the time this charter takes full effect, a city administrative officer or employee holds any office
or position which is or can be abolished by or under this charter, he or she shall continue in such
office or position until the taking effect of some specific provision under this charter directing that
he or she vacate the office or position.
(c) Personnel System. An employee holding a city position at the time this charter takes full
effect, who was serving in that same or a comparable position at the time of its adoption, shall not
be subject to competitive tests as a condition of continuance in the same position but in all other
respects shall be subject to the personnel system provided for in § 4.02.
Section 10.02. Departments, Offices, and Agencies.
(a) Transfer of Powers. If a city department, office or agency is abolished by this charter, the
powers and duties given it by law shall be transferred to the city department, office or agency
designated in this charter or, if the charter makes no provision, designated by the city council.
(b) Property and Records. All property, records and equipment of any department, office
or agency existing when this charter is adopted shall be transferred to the department, office
or agency assuming its powers and duties, but, in the event that the powers or duties are to be
discontinued or divided between units or in the event that any conflict arises regarding a transfer,
such property, records or equipment shall be transferred to one or more departments, offices or
agencies designated by the city council in accordance with this charter.
Section 10.03. Pending Matters.
All rights, claims, actions, orders, contracts, and legal administrative proceedings shall continue
except as modified pursuant to the provisions of this charter and in each case shall be maintained,
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carried on or dealt with by the city department, office or agency appropriate under this charter.
Section 10.04. State and Municipal Laws.
(a) In General. All city ordinances, resolutions, orders and regulations which are in force when
this charter becomes fully effective are repealed to the extent that they are inconsistent or interfere
with the effective operation of this charter or of ordinances or resolutions adopted pursuant
thereto. To the extent that the constitution and laws of the state of permit, all laws relating to
or affecting this city or its agencies, officers or employees which are in force when this charter
becomes fully effective are superseded to the extent that they are inconsistent or interfere with the
effective operation of this charter or of ordinances or resolutions adopted pursuant thereto.
(b) Specific Provisions. Without limitation of the general operation of subsection (a) or of the
number of nature of the provisions to which it applies:
(1) The following laws and parts of laws generally affecting counties or city agencies,
officers or employees are inapplicable to the city of _________________ or
its agencies, officers or employees: [enumeration]
(2) The following public local laws relating to the city of are superseded:
[enumeration]
(3) The following ordinances, resolutions, orders, and regulations of
[former city governing body] are repealed: [enumeration]
Section 10.05. Schedule.
(a) First Election. At the time of its adoption, this charter shall be in effect to the extent
necessary in order that the first election of members of the city council may be conducted in
accordance with the provisions of this charter. The first election shall be held on the
of . The [city officials to be designated] shall prepare and adopt temporary regulations that are
applicable only to the first election and designed to ensure its proper conduct and to prevent fraud
and provide for a recount of ballots in cases of doubt or fraud.
(b) Time of Taking Full Effect. The charter shall be in full effect for all purposes on and after
the date and time of the first meeting of the newly elected city council provided in § 9.05(c).
(c) First Council Meeting. On the of following the first election of city
council members under this charter, the newly elected members of the council shall meet at
[time] at [place]:
(1) For the purpose of electing the [mayor and] deputy mayor, appointing or
considering the appointment of a city manager or acting city manager, and
choosing, if it so desires, one of its members to act as temporary clerk pending
appointment of a city clerk pursuant to § 2.08; and Note: Omit bracketed
words if § 2.03, Alternative II is used.
(2) For the purpose of adopting ordinances and resolutions necessary to effect
the transition of government under this charter and to maintain effective city
government during that transition.
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(d) Temporary Ordinances. In adopting ordinances as provided in § 10.05(c), the city council
shall follow the procedures prescribed in § 2.13, except that at its first meeting or any meeting held
within sixty days thereafter, the council may adopt temporary ordinances to deal with cases in
which there is an urgent need for prompt action in connection with the transition of government
and in which the delay incident to the appropriate ordinance procedure would probably cause
serious hardship or impairment of effective city government. Every temporary ordinance shall be
plainly labeled as such but shall be introduced in the form and manner prescribed for ordinances
generally. A temporary ordinance may be considered and may be adopted with or without
amendment or rejected at the meeting at which it is introduced. After adoption of a temporary
ordinance, the council shall cause it to be printed and published as prescribed for other adopted
ordinances. A temporary ordinance shall become effective upon adoption or at such later time
preceding automatic repeal under this subsection as it may specify, and the referendum power
shall not extend to any such ordinance. Every temporary ordinance, including any amendments
made thereto after adoption, shall automatically stand repealed as of the ninety-first day following
the date on which it was adopted, renewed, or otherwise continued except by adoption in the
manner prescribed in § 2.13 for ordinances of the kind concerned.
(e) Initial Expenses. The initial expenses of the city council, including the expense of recruiting
a city manager, shall be paid by the city on vouchers signed by the council chairman.
(f) Initial Salary of Mayor and Council Members. The mayor shall receive an annual salary
in the amount of $ and each other council member in the amount of $ , until
such amount is changed by the council in accordance with the provisions of this charter.
Section 10.06. Severability.
If any provision of this charter is held invalid, the other provisions of the charter shall not be
affected. If the application of the charter or any of its provisions to any person or circumstance is
held invalid, the application of the charter and its provisions to other persons or circumstances
shall not be affected.
Commentary.
A severability clause is a necessary precaution and should be included in every charter.
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Appendix 1
OPTIONS FOR MAYOR-COUNCIL CITIES
Since 1915, the Model City Charter has been based on the council-manager form of government.
Some cities have a tradition of using or prefer to use the mayor-council form, and in some states
the adoption of council-manager government may be limited by state statutes. Cities that use the
mayor-council form can make choices to “reform” their city governments within the framework of
this form of government. There are structural approaches that can clarify the structure and improve
the performance of the mayor-council city government.
The mayor-council form of government is based on principles of separation of powers and checks
and balances similar to those found in the national and state governments. Certain powers are
assigned to the mayor and others to the council in cities that use this form. In addition, some
mayor-council charters provide for other officials such as appointed boards or administrators who
have independent authority to make specified decisions. It was common in the nineteenth century
for cities to divide authority among many officials in the belief that the more power was divided and
the more officials were directly elected, the more democratic the process of city government would
be. In practice, complex structures with highly fragmented authority created ineffective government
in which it was difficult to hold anyone responsible for the failure of city government as a whole. In
certain cities, the fragmented structure created a vacuum that party organizations filled with unified
control. In other cities—probably more numerous than those with control by party organizations—
the prevailing structure simply contributed to a lack of competent and farsighted leadership and
to city governments that were neither effective nor efficient in their delivery of services to citizens.
Some cities still retain these features in their charters.
The first Model City Charter proposed replacing the fragmented authority and confused assignment
of responsibility of existing nineteenth century city governments with simplified and centralized
executive authority exercised by an elected mayor. After the first edition, the model charter assigned
this centralized executive authority to an appointed city manager. From the second through the
fourth editions of the charter, no provisions were proposed for mayor-council cities. With the
fifth edition, the strong mayor-council form from the first edition reappeared as an alternative
for those cities that chose not to use the preferred council-manager form with the suggestion
that a “vice mayor” or what would later often be called a chief administrative officer (CAO) might
be appointed by the mayor. These recommendations appeared in the sixth and seventh editions
as well. The approach taken in the Eighth Edition was different. Officials and citizens who are
reviewing a mayor-council charter were given analytical questions to guide their assessment of
the governmental structure. In contrast to exclusive reliance on the strong mayor alternative, two
options for organizing the mayor-council form were proposed. In this edition, the responses to
revised analytical questions lead to a different conclusion. One alternative that is consistent with
reform ideals is recommended.
Analytical Questions about Mayor-Council Governments
For cities that prefer to use the mayor-council form of government, there are two questions to
answer in designing a charter.
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• First, should a chief administrative officer be appointed? The model charter recommends the
addition of a CAO to all types of mayor-council governments. How the CAO is appointed and
the responsibilities of the position determine whether reform values are being advanced.
• Second, how is the CAO chosen?
To provide background information, each of these questions is discussed in more detail. Then the
optional approaches and an assessment of them are presented.
A. Should the mayor-council city have a CAO?
An increasing proportion of cities have added a central administrative position occupied by a CAO
to their governmental structure.11 Experience has demonstrated that it is beneficial for cities to
have an administrative officer. This officer can assist in filling the executive responsibilities of the
mayor, such as preparing the budget. The officer will provide central coordination of administrative
functions and may also assist the council in handling its policy-making authority. Adding a chief
administrative officer to city government is consistent with the longstanding reform principle of
providing for both political and professional leadership. A central administrative official is able to
contribute to sound governance as well as directing service delivery.
Professional managers serving elected officials and the public bring distinctive values that enrich
and elevate the governmental process in both policymaking and service delivery. These professional
values include the commitment to basing policy and service delivery on need rather than demand, to
stressing the long-term interests of the community as a whole, to promoting equity and fairness, to
recognizing the interconnection among policies, and to advancing citizen participation that is broad
and inclusive. There are benefits from having a professional chief administrator who channels these
values into the governmental process at the highest and most general level through interactions
with both the mayor and the council.
There are other advantages as well. It is difficult to find candidates for mayors who are equally
adept at providing both political and administrative leadership to city government. Furthermore,
it is important for the mayor to devote a substantial amount of time to interacting with the public,
making it difficult to devote sufficient attention to policy development, administration, and
management. So-called “strong” mayors may actually be overextended mayors. It is also hard for
voters to assess the administrative capabilities of candidates before they have served in the mayor’s
office. Mayors (except in the largest cities), unlike new presidents and governors, are not supported
by large transition teams, nor can they persuade prominent leaders from the public and private
sectors to accept key appointments for the duration of that executive’s administration. Adding
administrative assistance through a CAO helps to solve these problems. The office of CAO builds
into the charter a support position for the mayor and institutionalizes the professional coordination
of the departments of city government.
11 Kimberly Nelson and James H. Svara, “Form of Government Still Matters: Fostering Innovation in U.S.
Municipal Governments.” American Review of Public Administration. 42 (2012), 257-281. The breakdown
of types of mayor-council cities without a CAO and with a CAO appointed in different ways come from this
source updated with data from 2019 in a dataset maintained by Kimberly Nelson.
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B. How is the CAO chosen?
Among the mayor-council cities with a population of 10,000 or higher, 52 percent have a CAO.
There are three methods of appointing the CAO. In 20 percent, the mayor and council jointly fill
the position and can be called mayor and council-CAO governments. In 22 percent, the CAO is
nominated by the mayor and approved by the council. They can be called mayor-council-CAO
governments to signify the council’s role in approving the nomination. Finally, in 11 percent of
these cities the mayor appoints the CAO, and these cities can be called the mayor-CAO-council
form to signify that the CAO is closely tied to the mayor, and the form is a In a study of differences
in adoption of innovative practices based on detailed features of form of government in cities over
10,000 in population, half of the mayor-council cities had a chief administrative officer-- “pure”
strong mayor approach that clearly divides powers between the mayor and the council with the CAO
being an extension of the mayor’s office.
The participation of the council in the selection of the CAO reflects a form with both separated and
shared authority between the mayor and the council. The mayor has separate executive authority
but major decisions are either proposed by the mayor and approved by the council or made jointly
by the mayor and council. When the mayor proposes and the council approves, the approach
is similar to the “advice and consent” authority of the Senate in handling nominations by the
President for Supreme Court judges or cabinet secretaries. In other cities in this pattern, the mayor
and council make major decisions jointly. Potentially, the CAO chosen jointly serves as a bridge
between the mayor and the council. In sum, the standard mayor-council form is characterized by
a combination of separated and shared powers. Commonly, the staff support and organizational
authority of the mayor and the high visibility of the office make the mayor the recognized leader of
city government. Still there is less independent authority concentrated in the mayor’s office than in
the strong mayor type, and the presence of the CAO offers professional leadership to both the mayor
and the council.
The term weak mayor-council is reserved for cities in which there is substantial fragmentation of
authority. Beyond separated and shared authority between the mayor and the council, there are
other features that divide authority widely. These include direct election of certain department
heads or commissions and the assignment of independent policy-making authority to some
commissions. A committee that is controlled by neither the mayor nor the council may formulate
the budget. This is the kind of structure that was common in the late nineteenth century. The
early municipal reformers sought to overcome the extreme decentralization that characterizes it.
Although it is based on the premise that extensive checks will prevent excessive concentration of
power and direct election of many offices will promote democratic control, in practice many weak
mayor cities functioned poorly and it was difficult to pin down who was responsible for problems in
performance. It is difficult to estimate how many cities still use these approaches, but the proportion
is fairly small.
Recommended Structure in Mayor-Council Cities
To clarify responsibility and strengthen the governmental process, mayor-council cities should
assign policy-making, executive, and oversight authority to the mayor, council, and CAO. Practices
associated with traditional weak-mayor forms should be eliminated. These practices include
direct election of department heads and commissions, appointment of administrative officials by
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commissions, having a body other than the mayor and council formulate the budget (e.g., a board of
finance), and assigning other policy-making authority to commissions.
The recommended approach in mayor-council cities is to promote shared authority between the
mayor and the council along with the separation of powers that defines the mayor-council form.
It is recommended that provisions be made for the appointment of a CAO consistent the shared
authority between the mayor and the council. In the shared authority mayor-council cities, the
CAO is nominated by the mayor and approved by the council or appointed jointly by the mayor and
council—similar to the way that the city manager is chosen. This official serves as a bridge between
the two sets of officials and is assigned administrative responsibilities. In the strong mayor-council
cities where the CAO is appointed by the mayor, the CAO provides professional assistance to the
mayor but is not accountable to the council.
Preferred Option: Mayor and Council-CAO and Mayor-Council-CAO government
Among mayor-council cities with a CAO, approximately three quarters have involvement of the
council in the appointment. This option is based on the combination of separated and shared
powers between the mayor and the council found in most mayor-council cities. When appointed in
this way, the CAO helps to link the mayor and council and promotes communication between them.
The CAO serves as a bridge to span the separation of powers between the mayor and the council.
The CAO provides professional advice and detached assessment regarding key decisions to both the
mayor and the council. The CAO can promote a higher level of performance and shared information
by both sets of officials.
The CAO assists the mayor in preparing policy recommendations to the council but is cognizant of
his or her responsibility to provide information that the council needs to make policy decisions.12
The CAO is responsible directly to the mayor for administrative matters and to the council for
providing information to support their oversight function, i.e., the assessment of how well policies
are working and how well services are being delivered. It should be acknowledged that the position
occupied by the CAO can be difficult if there is conflict between the mayor and council. The CAO
can get caught in the middle. Still, the presence of a CAO who feels a sense of accountability to both
the mayor and the council can reduce the level of conflict compared to conditions in mayor-council
cities without a CAO.
The mayor-council-CAO government is not a “weak” mayor structure but rather one in which the
mayor and council share authority in a number of areas. On the other hand, this option is also not a
“strong” mayor structure.
12 A survey of CAOs indicates that with nomination by the mayor and approval by the council, the
CAO is likely to simultaneously see himself or herself as the agent of the mayor and also as being
accountable to both the mayor and the council. Seven in ten CAOs agree with these positions. If
the mayor does not nominate the CAO, only thirty-seven percent of the CAOs see themselves as the
mayor‘s agent. If the council does not approve the appointment, only twenty-eight percent of the
CAOs see themselves as accountable to the council. See James H. Svara, “Do We Still Need Model
Charters? The Meaning and Relevance of Reform in the Twenty-First Century,” National Civic
Review. 90 (Spring, 2001), pp. 19-33.
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Assessment of the mayor-council-CAO and mayor and council-CAO options
The mayor-council-CAO government combines separation of powers with shared powers,
particularly “advice and consent” provisions for top appointments or joint authority for
appointments. The mayor and top administrators are made more accountable to the council by
shared powers, and the council has a greater opportunity to shape mayoral decisions and oversee
administrative performance. Shared power provisions may serve to knit the separate branches more
closely together. The CAO, although ultimately accountable to the mayor, serves both sets of officials
and can promote closer interaction between them. The option promotes leadership by both the
mayor and council and provides for both political and professional leadership.
This approach to appointing the CAO makes this official responsive to both the mayor and the
council, since both are involved in the hiring decision. Furthermore, the CAO is given a formal role
in budget preparation and appointment of department heads. This approach is advantageous for
several reasons. First, accountability is broadened to include the council. Second, the professional
qualifications of the person selected may be higher if the council has to approve the choice. The
mayor is not free to simply choose a person to advance his or her electoral interests. Third, the
professional contributions of the CAO to both the mayor and the council are assured when the CAO
fills specified duties. The CAO is involved in important administrative matters.
The pure strong-mayor approach concentrates a substantial amount of authority in one office. The
approach also limits the contribution of the council to accepting or rejecting policy and budget
proposals from the mayor and overriding the mayor’s veto. The council is not likely to receive a
full and fair assessment of policy options from the CAO, but rather to hear the arguments for the
mayor’s preferred approach. Although the council has a general oversight role, the fact that the
mayor appoints all top administrators may limit the flow of information to the council to support its
exercise of this role. There is concentrated power with limited checks on the exercise of the power.
In a study of the adoption of innovations in cities with different variations of the mayor-council
forms, it was found that the mayor and council-CAO had the highest score followed by the mayor-
council-CAO form. The mayor-CAO-council had less innovation than these two, but all variations of
the incorporation of a CAO had higher innovation than mayor-council cities with no CAO.13
Election of the mayor and veto are found in both variations of the mayor-council-CAO form.
Election of the mayor and chair of the council
The provisions in the Model City Charter for direct election of the mayor should be used in mayor-
council cities (§ 2.03, Alternative I). The council chair and presiding officer should be elected by the
council from among its members.
13 In the Nelson and Svara study, a composite adoption rate was calculated for innovations related
to e-government, strategic practices, and reinventing government. As noted in the introduction,
the highest adoption rates were in council-manager cities with elected mayors followed by council-
manager cities with mayors chosen by the council.
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Veto
One basic difference between the mayor-council and council-manager forms of government is the
“veto” power for the mayor. This power is not consistent with the basic principle of the council-
manager form that all powers are assigned to the council. In the mayor-council form, the mayor has
an assigned role in the legislative process and must make a decision on each ordinance to sign it,
veto it, or let it become law without signature. The veto should be included in the legislative article
of a mayor-council charter and listed among the mayor‘s powers in the executive article (Article
II of the Model City Charter, § 2.03). The council may override the veto by a two-thirds vote of its
members.
This approach limits the contribution of the council to accepting or rejecting policy and budget
proposals from the mayor and overriding the mayor‘s veto. The council is not likely to receive a
full and fair assessment of policy options from the CAO, but rather to hear the arguments for the
mayor’s preferred approach. Although the council has a general oversight role, the fact that the
mayor appoints all top administrators may limit the flow of information to the council to support its
exercise of this role. There is concentrated power with limited checks on the exercise of the power.
In a study of the adoption of innovations in cities with different variations of the mayor-council
forms, it was found that the mayor and council-CAO had the highest score followed by the mayor-
council-CAO form. The mayor-CAO-council had less innovation than these two, but all variations of
the incorporation of a CAO had higher innovation than mayor-council cities with no CAO.14
Election of the mayor and veto are found in both variations of the mayor-council-CAO form.
Election of the mayor and chair of the council
The provisions in the Model City Charter for direct election of the mayor should be used in mayor-
council cities (§ 2.03, Alternative I). The council chair and presiding officer should be elected by the
council from among its members.
Veto
One basic difference between the mayor-council and council-manager forms of government is the
“veto” power for the mayor. This power is not consistent with the basic principle of the council-
manager form that all powers are assigned to the council. In the mayor-council form, the mayor has
an assigned role in the legislative process and must make a decision on each ordinance to sign it,
veto it, or let it become law without signature. The veto should be included in the legislative article
of a mayor-council charter and listed among the mayor‘s powers in the executive article (Article
II of the Model City Charter, § 2.03). The council may override the veto by a two-thirds vote of its
members.
14 In the Nelson and Svara study, a composite adoption rate was calculated for innovations related
to e-government, strategic practices, and reinventing government. As noted in the introduction,
the highest adoption rates were in council-manager cities with elected mayors followed by council-
manager cities with mayors chosen by the council.
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Appendix 2
The Context for Social Equity and Local Governance
Since 1900, the National Civic League has sought to project the highest standards in local
governance by publishing the Model City Charter. A charter is the foundation of a local government
and functions as the municipal equivalent of a state or federal constitution, setting forth guiding
principles for governance. A charter specifies the most fundamental relationships between a
government and its community. It establishes the framework for how a local government operates
in terms of its structure, responsibilities, functions, and processes. The way public officials are
elected, the form of government, and the role community members play in local government are just
a few examples of the important choices articulated in a charter.
Many of the revisions to Ninth Edition of the Model City Charter focus on social equity and
inclusive public engagement. The revisions offer guidance on how municipalities can (re)shape their
organizations, processes, and programs to address inequities in their communities. In making these
changes, it became clear the topic of equity is complex and that public managers, administrators,
elected officials, and community members may need additional material to understand both the
issue of equity and the rationale for these revisions. This addendum serves that purpose by:
1. Situating equity within the context of this edition of the Model City Charter (i.e. why social
equity and why now?),
2. Providing some foundational knowledge about the concept of equity, and,
3. Offering a set of key resources to which managers and elected officials can refer as they
implement equity-oriented changes.
Why Equity and Why Now?
Early editions of the Model City Charter were focused on guiding local governments in their efforts
to become more efficient, ethical, professional, and accountable. To this end, the League’s charters
served dual purposes. On the one hand, they reflected core values and principles regarding the
best (and better) practices for organizing and operating a municipal government. On the other
hand, they were living documents that reflected “current” and/or “timely” ideas that may not
have been represented in past editions. Social equity is simultaneously a core value, which early
editions overlooked, as well as an issue at the forefront of the current public agenda. These two
characteristics of equity—a core value and a timely issue—serve as the primary basis for its emphasis
in the ninth edition.
Equity as a Core Value of Public Administration
Historically, the three pillars of public administration have been efficiency, economy, and
effectiveness. These three core values have served as guiding principles for the Model City Charter
at least since the second edition was developed in 1915, when the council-manager form of local
government was first introduced by the League. These three core values stood generally unexamined
by scholars of public administration until 1969 when H. George Fredrickson penned his essay
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Toward a New Public Administration. In this essay, Fredrickson argued that social equity had
become a fundamental objective for public programs. Public administrators, he stated, ought
to move beyond the questions of how effectively and efficiently a public program worked. They
also should consider for whom the program worked. Stated differently, public administration,
particularly within local governments, had to acknowledge “that many public programs were
implemented much more efficiently and effectively for some citizens than for others.”15 Over the half
century since Fredrickson’s essay, social equity has become recognized as the fourth pillar of public
administration alongside efficiency, economy, and effectiveness.
As the intellectual underpinnings of the Model City Charter evolved to include equity, many local
governments also embraced equity as a core value. More precisely, the ideas and tools of social
equity have become integrated across the departmental units and the decision-making processes
of many American local governments. This reality is reflected in the increasing network of equity
oriented local governments participating in organizations such as the Government Alliance for
Racial Equity. The implementation of equity in local governments has resulted in the creation
of new equity-oriented positions, revisions to guiding documents, and the development of new
performance metrics. Indeed, many local governments are fundamentally reshaping several parts of
their day-to-day operations in their embrace of social equity as a core value.
Equity and Local Governments: the current context
While typically viewed as a national issue, the problems of inequity, whether social, economic, or
otherwise, often manifest most clearly at the local level. The challenge of social (in)equity at the
local level is reflected in many unfortunate events’ outcomes that emerged before and during the
revisions to this edition of the Model City Charter. For example, as this edition was being revised,
America, and rest of the world, was beset by the COVID-19 pandemic. The pandemic revealed stark
vulnerabilities for disenfranchised communities: the inequities regarding morbidity and mortality
from the virus, access to vaccinations, and access to treatment. In addition, several highly publicized
killings of African American men and women led to an increased awareness of violence against
communities of color. Subsequently, local leaders have called for and were called upon to more
critically examine policies, programs, and processes that may ignore or reinforce existing inequities
in their communities.
While all levels of government are culpable in having shaped (and continuing to shape) the
distribution of (dis)advantage across the United States, most people’s interactions with government
occur at the local level, which increases the importance of municipalities in addressing social equity
challenges. For example, one need only look to the history of American land use regulations to
understand how regulatory tools have been used to segregate communities in ways that limit access
to and opportunities for employment, education, and other public services and amenities. Many
local government leaders, however, have come to realize that while past decisions and processes
helped create inequities, this also means that they have the tools at their disposal to ameliorate and
rectify these inequities. The recent and well publicized work of Raj Chetty supports this idea.
15 H. George Frederickson, “The State of Social Equity in Public Administration,” National Civic
Review, Winter 2005, p. 32.
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In a series of scholarly papers, Raj Chetty and his colleagues demonstrate significant differences in
intergenerational mobility between American counties.16 That is to say, the ability of an individual
to “advance” beyond the socio-economic standing of their parents varies significantly based on the
county in which they are born. Such mobility (and the lack thereof) is a critical factor in the creation
of the long-standing inequity that characterizes the country, and Chetty’s work supports what many
local governments already know: inequity is not just reflected in the local community, it is created
and perpetuated by the institutional features that shape that community. Simply stated, Chetty’s
work supports the timely efforts to address inequity through municipal government.
What is Equity
Providing some “clarity” around the concept of equity is a key objective of this addendum.
Equity can be difficult to define, and consequently, difficult to adopt. One key challenge is that
policymakers, administrators, and community members often have differing ideas about what
equity means and what its implications are. Thus, having agreement on the definition of equity is
an important starting point for local government leaders and public managers. This addendum to
the Model City Charter offers some insights into the concept of equity by: (1) contrasting equity with
equality, (2) describing some ways in which the term can be operationalized in practice, and (3)
moving beyond the “what” of equity to the “where.”
Equity vs. Equality
A useful first step in defining equity is to distinguish it from equality. The terms equity and equality
are often used interchangeably; however, they differ in important ways. Equality is typically
defined as treating everyone the same and giving everyone access to the same opportunities. In
contrast, equity is about fairness. It recognizes that some groups face barriers to opportunities that
others may not face. Thus, to achieve equity, policies and procedures may result in an “unequal”
distribution of resources. Individuals are given more, or less, or different resources depending on
their needs so that each can have fair access and a fair opportunity to watch the game. Drawing on
this idea of fairness, the National Academy of Public Administration defined “equity” as:
The fair, just and equitable management of all institutions serving the public
directly or by contract; the fair, just and equitable distribution of public services and
implementation of public policy; and the commitment to promote fairness, justice,
and equity in the formation of public policy.
Operationalizing Equity
While this general definition—with its focus on fairness—may be helpful in shaping initial
messaging about equity and conversations about advancing the pursuit of equity, it can be difficult
to operationalize, especially in a governmental context and may be limiting for administrators
implementing equity at the programmatic level. Thus, a more precise and concrete operation
definition—one that provides instructions or descriptions of sets of actions, processes, or activities
that are designed to link concepts to magnitudes of the world—is needed.
16 Chetty, R., Hendren, N., Kline, P., & Saez, E. (2014). Where is the land of opportunity? The geography of
intergenerational mobility in the United States. The Quarterly Journal of Economics, 129(4), 1553-1623.
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As Brandi Blessett, Marc Fudge, and Tia Sheree Gaynor have noted, the fairness-oriented approach
to defining equity can (and should) be refined to advance operational efforts. In particular, they
define equity in public administration as:
…policy formulation and implementation, public management practices, the
provision of public goods and services, and administrator/resident interactions that
reduce (and ultimately eliminate) disparity, marginalization, and discrimination
while increasing social and political inclusion.17
This definition intentionally avoids terms that are difficult to measure like “fairness” and does not
support an ideology grounded within equality. It does, however, incorporate measurable concepts
like disparity, discrimination, marginalization, and inclusion.
What vs. Where of Equity
To understand how these concepts are operationalized and transformed into activities and
programs, it is useful to review the “what” and “where” of social equity by mapping equity to four
programmatic objectives: access, quality, procedural fairness, and outcomes.
Access: Evaluate the extent to which public services and benefits are available to all. Example: Are
public meetings held at a time when the public can attend? Is location easy to get to via car, bicycle,
or public transit? Are childcare or child-friendly facilities provided? Are there multiple ways for
residents to engage?
Quality: Assess the level of consistency in public service delivery to different groups and
individuals. Example: Are first responder response times equivalent in all neighborhoods within the
jurisdiction?
Procedural fairness: Examine problems in due process, equal protection, public engagement in
decision-making, and eligibility criteria for services, public policies, and programs. Example: Is the
city issuing warnings for code compliance before issuing citations, thus giving standard times for
corrections and responses? Is this process written down for the public to see?
Outcomes: Assess the degree to which policies and programs have the same or disparate impacts on
groups and individuals. Example: Do all areas of the community have food access (defined as living
over a mile from a large grocery store if in an urban area or over ten miles from a large grocery store
if in a rural area)?
As public managers, elected officials, and community members move from the broader definition
of equity to its more operational form, the picture of inequity may become clearer. Equity-minded
public officials should be able communicate what equity looks like within their communities. The
definition—and subsequent operationalization—of equity described above is an important step in
that regard.
In efforts to operationalize the values of equity in city operations, it helps to have common
understanding of the words that are often used in relation to equity. The City of Mesa, Arizona
developed the following glossary.
17 Blessett, B., Fudge, M., & Gaynor, T.S. (2017). Moving from Theory to Practice: An Evaluative Assessment
of Social Equity Approaches. Submitted to Center for Accountability and Performance and National Academy
for Public Administration’s Standing Panel on Social Equity in Governance.
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Glossary
Accessible: A person with a disability is afforded the opportunity to acquire the same information,
engage in the same interactions, and enjoy the same services as a person without a disability in an
equally effective and integrated manner.
Bias: Prejudice toward one group and its members relative to another group.
Public Engagement: Active, intentional dialogue between community members and public decision
makers.
Discrimination: Unfavorable or unfair treatment toward an individual or group based on the
groups, classes, or other categories to which they are perceived to belong.
Diversity: Psychological, physical, and social differences that occur among all individuals. A
diverse group, community or organization is one in which a variety of physical, social, and cultural
characteristics exist.
Ethics: Moral principles that govern behavior or the conducting of an activity, practice, or policy.
Ethnicity: A social group that shares a common and distinctive culture, religion, language, ancestry,
nation, history, and/or traditions.
Equality: The right of different groups of people to receive the same treatment.
Equity: Fairness and justice, especially pertaining to rights and protection under the law. The
guarantee of fair treatment, access, opportunity, and advancement while striving to identify and
eliminate barriers that prevent the full participation of some groups.
Equity Officer: An executive position that is responsible for providing strategic direction to ensure
that equity, equality, and equal access and opportunity is established, maintained, and fostered
throughout the organization.
Harassment: Unwelcome, intimidating, or hostile behavior.
Inclusion: The practice or policy of providing equal access to opportunities and resources for people
who might otherwise be excluded.
Implicit Bias: Inclinations in judgment or behavior that operate below the conscious level and
without intentional control.
Institutional Racism: Policies, practices, and procedures as part of the way an organization or
society operates that result in and support a continued unfair advantage or harmful treatment to
others based on race.
Justice: Fair, impartial, and moral treatment of people.
Marginalization: A person, group, or concept treated as insignificant or placed in a position of little
or no importance, influence, or power.
Race: A grouping of human beings based on a shared geographic dispersion, common history,
nationality, ethnicity, or genealogical lineage. Race is also defined as a grouping of human beings
determined by distinct physical characteristics that are genetically transmitted.
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Racism: Individual and/or institutional practices, behaviors, rules, policies, and so forth that result
in a continued unfair advantage for some and unfair or harmful treatment of others based on race.
Socioeconomic Class: Social group based on a combination of factors including income, education
level, occupation, and social status in the community.
Tolerance: Recognition and respect of values, beliefs, and behaviors that differ from one’s own.
Underserved: People and places that historically and/or currently have not had equitable resources
or access to services.
Using the Ninth Edition of the Model City Charter
The Ninth Edition of the Model City Charter was the result of a year-long review and revision
process with sharpened focus on equity and inclusive public engagement. The Social Equity
Working Group of the Charter Revision Project examined the entire document through an equity
lens and developed new language to be interspersed throughout the ninth edition. For instance,
• Article III (City Managers) was revised to underscore the manager’s role in promoting
social equity throughout the organization.
• Article IV (Departments, Offices, and Agencies) now includes language on “adopting an
equity lens to reshape decisions and activities, including the sections on personnel, land
use, development and environmental planning.”
• Article V (Budgets) emphasizes the importance of reflecting social equity in performance
assessments and access to services.
• A new section, Article VII (The Role of Public Engagement in Local Governance), states
that “principles of justice, equity, diversity, and inclusion” should guide the execution of
public engagement activities, in a variety of ways, including outreach, evaluation, and
process design.
• The Mayors and Councilmembers Working Group recommended changes to Article VI
(Elections) to ensure elected offices are fully representative of the community.
Of course, many cities have already made progress in implementing social equity practices in their
agencies and community affairs, though they may not have reflected social equity as a value in their
charter. We certainly support the creation of ordinances, policies, rules, guidelines and offices to
advance equity, much of which may not be described in the charter. At the same time, for equity to
become a long-term value reflected in all city processes, we encourage consideration of the measures
outlined above as part of the city’s charter.
Finally, it is important to note that equity may be defined and implemented in a variety of ways,
based on the particular characteristics and interests of a community. It is important, therefore, that
work to create equity be driven by an inclusive community engagement process to gather insights
and direction from the community itself. Many of the resources below start with this process in
mind and remind us that the definition of equity should reflect the perceptions of those affected.
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Additional Resources
“The Basics of Equity in Budgeting,” Government Finance Officers Association.
“Racial Equity: Getting to Results,” Government Alliance on Racial Equity.
“Governing for Equity: Implementing an Equity Lens in Local Government,” International City/
County Management Association.
“Advancing Racial Equity in Your City: Municipal Action Guide,” National League of Cities
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Model City Charter Revision Steering Committee
Co-Chairs
• Clarence Anthony, CEO, National League of Cities
• Ronald Loveridge, Director, Center for Sustainable Suburban Development; former Mayor, City
of Riverside, California
• Marc Ott, Executive Director, International City/County Management Association
• Kendra Stewart, former President American Society for Public Administration
Members
• Chris Balch, City Attorney, Brookhaven, Georgia
• Patti Garrett, Mayor, City of Decatur, Georgia
• Teresa Gerton, President, National Academy of Public Administration
• David Luna, Councilmember, Mesa, Arizona
• Peggy Merriss, CEO, Merriss Management and Leadership Consulting
• Chris Morrill, Government Finance Officers Association
• Sylvester Murray, Visiting Professor, Jackson State University
• Tina Nabatchi, Professor of Public Administration and International Affairs, Syracuse University
• John Nalbandian, Professor Emeritus, University of Kansas
• Kimberly Nelson, Professor of Public Administration and Government, University of North
Carolina at Chapel Hill
• Jerry Newfarmer, CEO, Management Partners
• Robert O’Neill, former Executive Director, International City/County Management Association
• Martha Perego, Director, Membership Services and Ethics, International City/County
Management Association
• James Svara, Senior Fellow, School of Government, University of North Carolina at Chapel Hill
• Mark Washington, City Manager, Grand Rapids, Michigan
• Chuck Thompson, Executive Director, International Municipal Lawyers Association
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Model City Charter Revision Working Groups
City Managers/Operations/Finance
• James Fisher, City of Brenham, Texas
• Jason Grant, International City/County Management Association
• Kimberly Nelson, University of North Carolina
• Lee R. Feldman, City of Gainesville, Florida
• Peggy Merriss, City of Sandy Springs, Georgia
• Ron Holifield, SGR
• Randall Reid, International City/County Management Association
• Shayne Kavanagh, Government Finance Officers Association
• Zach Walker, City of Independence, Missouri
Community Members/Public Engagement
• Terry Amsler, Indiana University Bloomington
• Albert Dzur, Bowling Green State University
• Teresa Gerton, National Academy of Public Administration
• Mike Huggins, Public Work Academy
• Matt Leighninger, National Conference on Citizenship
• Margaret Stout, West Virginia University
• Wendy Willis, Oregon’s Kitchen Table
Legal Issues/City Attorneys/Home Rule
• Chris Balch, City of Brookhaven, Georgia
• Nestor Davidson, Fordham Law School
• William Scheiderich, City of Beaverton, Oregon
• Philip Strom, City of Grand Rapids, Michigan
• Chuck Thompson, International Municipal Lawyers Association
• Kevin Toskey, League of Minnesota Cities
• Will Trevino, Messer, Fort & McDonald
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National Civic League Model City Charter Page 92
Mayors/City Councils
• Anthony Santiago, Institute for Youth, Education and Families, National League of Cities
• Christine Sederquist, City of Leander, Texas
• Doug Linkhart, National Civic League
• Hon Ronald Loveridge, Center for Sustainable Suburban Development, University of
California, Riverside.
• James Svara, University of North Carolina
• John Nalbandian, University of Kansas
• Hon. Patti Garrett, City of Decatur, Georgia
• Tony Peyton, CE&S Foundation
Social Equity Working Group
• Brandi Blessett, University of Cincinnati
• Tom Carroll, Village of Silverton, Ohio
• Teresa Gerton, National Academy of Public Administration
• Benoy Jacob, University of Wisconsin
• Derek Okubo, City and County of Denver
• Tina Nabatchi, Syracuse University
Staffing
• Project Director: Mike McGrath
• League President: Doug Linkhart
• Editorial Assistance: Rebecca Trout
• Meeting Assistance: Lindsay Saavedra
123
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The Ninth Edition
The Model City Charter is used by hundreds of cities to guide their charter language
and governance structure. First published in 1900, this is the first full revision of the
document since 2000, and includes new language and recommendations in the
following areas:
• Equity: The Model discusses the need for social equity and contains a separate
section on infusing equity into charters as well as other city operational structures.
• Public Engagement: The new edition stresses the importance of community
engagement and how these principles can be reflected both in a city’s charter and in
other structures.
• Mayors: The document emphasizes the important facilitative roles of the mayor in
helping the city council and manager to work together to set goals and work with the
community on implementation.
• City Councils: The importance of the city council’s relationship to the city manager
is emphasized, to include hiring and regular evaluation.
• Elections: This new edition encourages the direct election of mayors and discusses
options for council representation and election timing.
Many thanks to the Murray and Agnes Seasongood Good Government Foundation for
their support and to the many individuals and organizations that made this possible,
which are listed at the back of the document.
We encourage you to view and use the Model City Charter online at www.ncl.org,
where the full text and links to related documents can be found.
www.NationalCivicLeague.org
125
Lynn Tipton
Consultant and Instructor
FLC UniversityJune 19, 2026
City of Winter Springs:
City Charter Review
126
Municipal Charters in Florida
All charters are unique; haven’t found any two identical
411 cities, towns and villages – all have a charter
Goal for today: discuss charter review roles,
municipal characteristics in Florida, and
compare with other cities using data
127
Charters
▪Like a Constitution – broad framework
▪Explains the vision, mission and structure of the municipality
▪Explains how the representatives will be elected; chain of
command and fiscal authority
▪Details are by ordinance (law) and policies
▪Short: 8 to 10 pages in length
128
▪Some are created by charter with specific appointment terms
▪Some are created by ordinance, or at the request of a city council; varies
widely across Florida’s municipalities
▪Committee is usually tasked with a time-specific review, assisted by counsel,
and to bring back recommendations to the council. Some CRC have limited
scope of work as well.
▪The council may choose to place items directly on the ballot based upon
recommendations of the counsel and committee
▪The role of citizens in this process is crucial: representation of the public; ability
to weigh issues and to understand the charter’s importance as the city’s
governing foundation
Charter Review Committees
129
Typical
Common Charter Elements
Preamble
Boundaries
Legislative Body
Form of Government
Charter Officers (positions defined)
Fiscal and Fiduciary Authorities and
Responsibilities
Amendment Process
130
Comparable Charter Characteristics: Legislative
▪Size of Council or Commission: five (5) members is most
common; some seven (7) and some (6) where mayor is non -
voting
▪Length of term: two- and four- year terms are fairly evenly
spread across 411; smaller percentage use three-year term
▪Type of election per council seat: single-member district
(SMD); elected seat with at-large voting (Seated Council); At-
large; some councils are mix of at-large and SMD
▪Selection of mayor: 3 options: elected at large; elected from
within the council; rotational
131
Forms of Municipal Government in Florida
Council-weak mayor: original form brought over from England; council shares all
powers; about 80 Florida cities with populations less than 25,000
Council-strong mayor: an elected executive implements council actions and
administers the city; about 4 3 Florida cities in all populations
Commission: each elected official oversees one or more departments
autonomously; come together as legislative body. About 2 Florida cities have this
Council-Manager or Commission-Manager: professional manager appointed by
mayor & council to administer city, prepare agenda and recommend actions to
council, and present a budget each year; about 285 Florida cities of all populations
Hybrid: elements of the above
132
▪Using populations from FLC CityStats: We found 5 comparisons
▪Geography: All are inland, suburban and have the council-manager form of
government.
▪Number of elected seats, including mayor: all have 5
Should also compare scope of services if any charter elements are compared
more deeply
Winter Springs Comparisons:
133
Winter Springs : Chart of Comparisons
Municipality (County)Population '25 Seats on
Council
Altamonte Springs (Seminole)47,609 5
Haines City (Polk)44,215 5
Oviedo (Seminole)42,080 5
Winter Springs (Seminole)39,170 5
Parkland (Broward)38,427 5
Leesburg (Lake)37,541 5
134
Best Practices in Charter Reviews
▪Staff and Committee: work well together
▪Holding several public forums for discussion (especially if
referendum is scheduled)
▪Use of website for agenda, minutes of meetings, display of
current and proposed language – can help engage citizens
▪If referendum is scheduled, develop “FAQ” for website
▪Consider partnering with other civic organizations to help with
forums, public discussions – reach out and include these
groups
135
▪Charter powers/authority granted to more than one entity
▪Confusing language in elections section – usually in qualifications
▪Writing too much: less is better
More Best Practices: Charter Review
Committees
136
Charter Trends in Florida
Form of government: trend since 1950s toward
the council-manager and commission-manager
form of government (including new incorporations)
Charter review time periods: not required and is left up to
discretion of council; also has petition provision. When
specified we see 10- to 20- year periods. New cities use 5-
year for ‘starter charter’ review.
137
▪From the 2024, 10th edition of the Model City Charter:
▪Is the charter reflective of the city’s current population?
▪Is the council representative of the population, both resident and business?
▪Does the charter address responsible professionalism, and do it adequately?
▪Has the city provided opportunities for citizen participation in the process?
▪Is the city engaged in civic education about the charter (web site, for
example)?
Charter Review: Questions to Consider
138
Resources
▪The Model City Charter- National Civic League
▪www.ncl.org – use their questions, not language
▪Charters in FL: www.municode.com/library select FL and view
list of codified city charters
▪FLC Research: Contact Wade Burkley in Tallahassee for survey
information: 850/222-9684 and wburkley@flcities.com
139
Questions and
Discussion
140
Thank you for including
the Florida League of
Cities in your process!
141
CHAPTER 2026-43
Committee Substitute for
Committee Substitute for Senate Bill No.1134
An act relating to official actions of local governments;creating ss.125.595
and 166.04971,F.S.;defining terms;prohibiting counties and munici-
palities,respectively,from funding or promoting or taking official action
as it relates to diversity,equity,and inclusion;providing that certain
ordinances,resolutions,rules,regulations,programs,and policies are
void;prohibiting counties and municipalities,respectively,from expend-
ing funds for diversity,equity,and inclusion offices or for diversity,equity,
and inclusion officers;providing that a county commissioner,a member of
the governing body of a municipality,or any other county or municipal
official acting in an official capacity who violates certain provisions
commits misfeasance or malfeasance in office;prohibiting counties and
municipalities,respectively,from providing or authorizing funds to be
used to promote diversity,equity,and inclusion initiatives;authorizing a
cause of action against counties and municipalities,respectively;author-
izing a court to enter a judgment awarding certain relief,damages,and
costs;providing construction and applicability;creating s.287.139,F.S.;
requiring potential recipients of county or municipal contracts or grants to
make a certain certification to the county or municipality before being
awarded such contract or grant;providing applicability;providing an
effective date.
Be It Enacted by the Legislature of the State of Florida:
Section 1.Section 125.595,Florida Statutes,is created to read:
125.595 Prohibition of official actions of counties relating to diversity,
equity,and inclusion;penalty;remedy.—
(1)For purposes of this section,the term:
(a)“Acting in an official capacity”means performing or purporting to
perform a function,duty,or responsibility assigned by law,rule,or policy to
a public officer or public employee,or otherwise exercising or claiming to
exercise the authority of such office or employment.
(b)“Diversity,equity,and inclusion”means any effort to:
1.Manipulate or otherwise influence the composition of employees with
reference to race,color,sex,ethnicity,gender identity,or sexual orientation
other than to ensure that hiring is conducted in accordance with state and
federal antidiscrimination laws;
1
CODING:Words stricken are deletions;words underlined are additions.142
2.Promote or provide preferential treatment or special benefits to a
person or group based on that person’s or group’s race,color,sex,ethnicity,
gender identity,or sexual orientation;or
3.Promote or adopt training,programming,or activities designed or
implemented with reference to race,color,sex,ethnicity,gender identity,or
sexual orientation.
The term does not include the use of equal opportunity or equal employment
opportunity materials designed to inform a person about the prohibition
against discrimination based on protected status under state or federal law.
(c)“Diversity,equity,and inclusion office”means any office,division,
department,agency,center,or other unit of a county which coordinates,
creates,develops,designs,implements,organizes,plans,or promotes
policies,programming,training,practices,meetings,activities,procedures,
or similar actions relating to diversity,equity,and inclusion.
(d)“Diversity,equity,and inclusion officer”means a person who is a full-
time or part-time employee of,or an independent contractor contracted by,a
county whose duties include coordinating,creating,developing,designing,
implementing,organizing,planning,or promoting policies,programming,
training,practices,meetings,activities,procedures,or similar actions
relating to diversity,equity,and inclusion.
(2)A county may not fund or promote,directly or indirectly,or take any
official action,including,but not limited to,the adoption or enforcement of
ordinances,resolutions,rules,regulations,programs,or policies,as it
relates to diversity,equity,and inclusion.Any such existing ordinances,
resolutions,rules,regulations,programs,or policies are void.
(3)A county may not expend any funds,regardless of source,to establish,
sustain,support,or staff a diversity,equity,and inclusion office or to
employ,contract,or otherwise engage a person to serve as a diversity,
equity,and inclusion officer.
(4)A county commissioner or other county official acting in an official
capacity who violates this section commits misfeasance or malfeasance in
office.
(5)A county may not provide or authorize its funds to be used by
employees,contractors,volunteers,vendors,or agents to promote diversity,
equity,and inclusion initiatives.
(6)An action in circuit court may be brought by a resident of the county
against a county that violates this section.The court may enter a judgment
awarding declaratory and injunctive relief,damages,and costs.
(7)(a)This section does not prohibit any official action by a county
required for compliance with state or federal laws or regulations.
Ch.2026-43 LAWS OF FLORIDA Ch.2026-43
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(b)This section does not prohibit a county from doing any of the
following:
1.Recognizing or promoting holidays designated by federal law,includ-
ing those designated in 5 U.S.C.s.6103.
2.Recognizing or promoting state holidays and special observances
designated by state law,including those designated in chapter 683.
3.Recognizing or promoting patriotic and national observances recog-
nized by federal law,including those designated in 36 U.S.C.ss.101-148,or
recognizing the events and individuals forming the basis for such obser-
vances.
4.Promoting or supporting a nonprofit entity that provides single-sex
programs for the homeless or education,counseling,and rehabilitation of
trauma-involved or at-risk youth.
5.Recognizing or honoring the individuals and groups recognized and
honored by the monuments,memorials,and museums authorized by chapter
265 or chapter 267,or recognizing the events and individuals forming the
basis for such monuments,memorials,or museums.
6.Owning,operating,maintaining,funding,or conducting events at
monuments and memorials listed in 54 U.S.C.s.320301 and located in this
state.
7.Issuing event permits in a content-neutral manner and providing
public safety services.
(c)This section does not prohibit the use of equal opportunity or equal
employment opportunity materials designed to inform a person about the
prohibition against discrimination based on protected status under state or
federal law.
(d)This section may not be construed to conflict with:
1.Section 553.865 or analogous state and federal laws protecting the
right of males and females to restrooms and changing facilities correspond-
ing to their biological sex.
2.Part XII of chapter 39 or analogous state and federal laws ensuring
that victims of domestic violence and their dependents have access to
emergency shelters.
3.Section 1000.05 or analogous state and federal laws prohibiting
discrimination based on biological sex in educational programs,sports,
activities,and employment.
Ch.2026-43 LAWS OF FLORIDA Ch.2026-43
3
CODING:Words stricken are deletions;words underlined are additions.144
4.Chapter 381 or analogous state and federal laws ensuring males and
females have access to public health services corresponding to their
biological sex.
5.State and federal laws ensuring access to public health care services
corresponding to a person’s race or ethnicity.
6.Any other state or federal laws recognizing the inherent biological
differences between males and females for the purpose of ensuring their
health,safety,and welfare.
(8)This section does not apply to:
(a)The actions of a body composed of nonelected volunteers;or
(b)Basic administrative support provided to a body composed of none-
lected volunteers,unless such administrative support is provided by a
county employee whose sole function is the provision of such administrative
support.
Section 2.Section 166.04971,Florida Statutes,is created to read:
166.04971 Prohibition of official actions of municipalities relating to
diversity,equity,and inclusion;penalty;remedy.—
(1)For purposes of this section,the term:
(a)“Acting in an official capacity”means performing or purporting to
perform a function,duty,or responsibility assigned by law,rule,or policy to
a public officer or public employee,or otherwise exercising or claiming to
exercise the authority of such office or employment.
(b)“Diversity,equity,and inclusion”means any effort to:
1.Manipulate or otherwise influence the composition of employees with
reference to race,color,sex,ethnicity,gender identity,or sexual orientation
other than to ensure that hiring is conducted in accordance with state and
federal antidiscrimination laws;
2.Promote or provide preferential treatment or special benefits to a
person or group based on that person’s or group’s race,color,sex,ethnicity,
gender identity,or sexual orientation;or
3.Promote or adopt training,programming,or activities designed or
implemented with reference to race,color,sex,ethnicity,gender identity,or
sexual orientation.
The term does not include the use of equal opportunity or equal employment
opportunity materials designed to inform a person about the prohibition
against discrimination based on protected status under state or federal law.
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(c)“Diversity,equity,and inclusion office”means any office,division,
department,agency,center,or other unit of a municipality which coordi-
nates,creates,develops,designs,implements,organizes,plans,or promotes
policies,programming,training,practices,meetings,activities,procedures,
or similar actions relating to diversity,equity,and inclusion.
(d)“Diversity,equity,and inclusion officer”means a person who is a full-
time or part-time employee of,or an independent contractor contracted by,a
municipality whose duties include coordinating,creating,developing,
designing,implementing,organizing,planning,or promoting policies,
programming,training,practices,meetings,activities,procedures,or
similar actions relating to diversity,equity,and inclusion.
(2)A municipality may not fund or promote,directly or indirectly,or
take any official action,including,but not limited to,the adoption or
enforcement of ordinances,resolutions,rules,regulations,programs,or
policies,as it relates to diversity,equity,and inclusion.Any such existing
ordinances,resolutions,rules,regulations,programs,or policies are void.
(3)A municipality may not expend any funds,regardless of source,to
establish,sustain,support,or staff a diversity,equity,and inclusion office or
to employ,contract,or otherwise engage a person to serve as a diversity,
equity,and inclusion officer.
(4)Any member of the governing body of a municipality or other
municipal official acting in an official capacity who violates this section
commits misfeasance or malfeasance in office.
(5)A municipality may not provide or authorize its funds to be used by
employees,contractors,volunteers,vendors,or agents to promote diversity,
equity,and inclusion initiatives.
(6)An action in circuit court may be brought by a resident of the
municipality against a municipality that violates this section.The court may
enter a judgment awarding declaratory and injunctive relief,damages,and
costs.
(7)(a)This section does not prohibit any official action by the governing
body of a municipality required for compliance with state or federal laws or
regulations.
(b)This section does not prohibit a municipality from doing any of the
following:
1.Recognizing or promoting holidays designated by federal law,includ-
ing those designated in 5 U.S.C.s.6103.
2.Recognizing or promoting state holidays and special observances
designated by state law,including those designated in chapter 683.
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3.Recognizing or promoting patriotic and national observances recog-
nized by federal law,including those designated in 36 U.S.C.ss.101-148,or
recognizing the events and individuals forming the basis for such obser-
vances.
4.Promoting or supporting a nonprofit entity that provides single-sex
programs for the homeless or education,counseling,and rehabilitation of
trauma-involved or at-risk youth.
5.Recognizing or honoring the individuals and groups recognized and
honored by the monuments,memorials,and museums authorized by chapter
265 or chapter 267 or recognizing the events and individuals forming the
basis for such monuments,memorials,or museums.
6.Owning,operating,maintaining,funding,or conducting events at
monuments and memorials listed in 54 U.S.C.s.320301 and located in this
state.
7.Issuing event permits in a content-neutral manner and providing
public safety services.
(c)This section does not prohibit the use of equal opportunity or equal
employment opportunity materials designed to inform a person about the
prohibition against discrimination based on protected status under state or
federal law.
(d)This section may not be construed to conflict with:
1.Section 553.865 or analogous state and federal laws protecting the
right of males and females to restrooms and changing facilities correspond-
ing to their biological sex.
2.Part XII of chapter 39 or analogous state and federal laws ensuring
that victims of domestic violence and their dependents have access to
emergency shelters.
3.Section 1000.05 or analogous state and federal laws prohibiting
discrimination based on biological sex in educational programs,sports,
activities,and employment.
4.Chapter 381 or analogous state and federal laws ensuring males and
females have access to public health services corresponding to their
biological sex.
5.State and federal laws ensuring access to public health care services
corresponding to a person’s race or ethnicity.
6.Any other state or federal laws recognizing the inherent biological
differences between males and females for the purpose of ensuring their
health,safety,and welfare.
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(8)This section does not apply to:
(a)The actions of a body composed of nonelected volunteers;or
(b)Basic administrative support provided to a body composed of none-
lected volunteers,unless such administrative support is provided by a
municipal employee whose sole function is the provision of such adminis-
trative support.
Section 3.Section 287.139,Florida Statutes,is created to read:
287.139 Prohibition against using diversity,equity,and inclusion
material.—A potential recipient of a county or municipal contract or
grant shall certify to the county or municipality,as applicable,before
being awarded such contract or grant that the potential recipient does not
and will not use county or municipal funds in requiring its employees,
contractors,volunteers,vendors,or agents to ascribe to,study,or be
instructed using materials relating to diversity,equity,and inclusion as
defined in ss.125.595(1)and 166.04971(1).
Section 4.Section 287.139,Florida Statutes,created by this act applies
to any contract between a county or municipality and a diversity,equity,and
inclusion officer which is in existence on January 1,2027.With respect to all
other contracts,s.287.139,Florida Statutes,created by this act applies to
contracts executed or renewed after January 1,2027.
Section 5.This act shall take effect January 1,2027.
Approved by the Governor April 22,2026.
Filed in Office Secretary of State April 22,2026.
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