GOVT 2306

Area City Councils

As discussed several times previously, municipal corporations,

depending on what is written in their charter, have city councils

that have certain powers, including the ability to pass ordinances.

City Councils tend to be small, local councils have less than 10 people.

Councils perform general legislative functions. They provide

representation to various constituencies in the city, propose and vote on bills that help govern

the city.

Most importantly, the council provides a democratic function by allowing the general population to

control the overall direction of local policy through elections.

By changing who is on the city council they can slowly change the

direction of city governance.

By the way, cities pass “ordinances” not laws.

Example: Houston’s Code of Ordinances.

The power of city councils varies depending on the structure

established in the charter. Some charters grant a great degree of power

to the city council, others to the mayor.

Let’s review the basic forms of city government and understand what it

means for the power of the city council:

Here’s a quick graphic look at each form of government.

City councils are strongest in the council-manager and weak mayor

–council forms.

In the council – manager form (which is very popular locally) the

mayor is ceremonial and is sometimes little more than a

council members with a different title. The council establishes policy,

passes ordinances, votes on the budget and appropriations, and articulates a vision for the city.

The implementation of these policies are then given to a city manager who is hired to

provide professional management of city functions.

They are then held accountable by the city council and can be

replaced if deemed necessary.

The purpose of the city manager form is to both professionalize the

operations of city governments and to reduce the opportunities

for political favoritism and corruption.

In the weak mayor – council, the mayor’s power is limited in key ways – meaning that the city

council’s powers are enhanced.

The ability to appoint and remove executive officials is limited as is the veto power and

influence over the budget. As with the council – manager form, the mayor is a ceremonial

position. The position has the same powers as other members of the city council, but as figure head, get to cut ribbons and represent the city

and other such things.

These are not especially efficient systems, and are used primarily in

smaller cities which have little interest in substantive growth (which requires

some concentrated strength to obtain).

They are reflective of the Jacksonian desire to keep government at all levels small.

In the Strong Mayor form, the powers of city council are limited

by mayors that are elected fulltime and are granted significant powers over appointment, the budget, the

agenda of city council and other matters.

In these forms, the city council is designed to check the power of the

mayor.

Appointments have to be approved, stops can be placed on items the mayor wants considered by the

council, and the council must approve the budget. More on this below when

we look at Houston’s council.

A few quick points before we look at some area city councils.

1 – They are subject to the Texas Open Meetings Act.

(as are all meetings of governmental bodies, but the law is especially focused on local and single purpose governments)

The act requires that “meetings of governmental bodies to be open to

the public, except for expressly authorized closed sessions,1 and to be preceded by public notice of the time,

place and subject matter of the meeting.”

This is to ensure that decisions made – which can involve the

distribution of public funds – are open and transparent.

Small groups – as is common in city councils – are ideally suited to corruption.

2 – City council meetings follow a specific format overseen by the

presiding officer, which is often the mayor.

This document describes how Alvin City Council meetings are

conducted:

CITY OF ALVIN: RULES AND PROCEDURES FOR PETITIONS OR REQUESTS FROM THE PUBLIC

3 – City Council Elections are non-partisan

While candidates for positions in other levels of government –

notable national and state, as well as county – run as members of

political parties, candidates for city office do not.

This is also true for single purpose governments.

This is to limit the ability of party machines to develop at the local level.

In order to further limit this tendency, city elections are also help in odd

numbered years so that city elections cannot be coordinated with state and

national elections.

In actuality though – informed voters are aware of which party city council candidates affiliate

with.

But this is unofficial.

4 – As opposed to state and national legislatures, many city

council positions are term limited.

Proponents of term limits argue that they allow for turnover in city

councils – which augments democracy – and minimizes the

corruption by breaking apart any political machines which may allow

a powerful political faction to control the establishment and

implementation of city policies.

Terms limits – along with other reforms (like primary elections,

civil service reforms, registration requirements) are seen as ways to break up urban political machines.

For more info on these click here and here.

Local legislators who serve for long periods of time are necessary parts

of these machines.

This is true for the state and local level, but terms limits have not

been imposed on either of those levels. There is a reason for this.

There are objections to terms limits for at least a couple reasons.

One is that it also minimizes democracy by limiting the choices

voters can make. What if they wish to keep a good city council

member in place?

The second is that removing a member of the city council does not means that the

power of the council is diminished, it is just displaced.

Powerful outside interests and those who hold more permanent positions in city

government can gain influence over policy. Powerful groups can still have influence over city government, but these are no

longer limited (checked and balanced) by equally powerful city council members.

Many local city councils are term limited.

Let’s walk through the city councils of four area cities.

AlvinManvel

PearlandHouston

Alvin City Council

We’ll hit a few points made in the Code of Ordinances describing the

operations of the council.

These are primarily from Part I of the Code.

Alvin has a council – manager form of government. Here is the

relevant language from the City Charter, which can be found in

Article I of the Code of Ordinances.

“The municipal government provided by this Charter shall be the council-manager form of

government. Pursuant to the provisions of, and subject only to the limitations imposed by the state and federal constitution, the state and

federal laws, and this Charter, all powers of the city shall be vested in an elective council,

hereinafter referred to as the "council," which shall enact legislation, adopt budgets, determine

policies, and appoint the city manager, who shall execute the laws and administer the

government of the city.”

The City Council is 5-2-1, meaning that it has 5 single member

districts, 2 at large districts and a mayor. This is due to a lawsuit

challenging the at-large scheme the city had prior to 2006.

The mayor is considered to be part of the city council.

Detail: “The governing body of the city shall be a city council composed of seven (7) councilmembers and a

mayor, each elected for a term of three years. The council districts shall be designated as Districts A, B, C, D and E and At-Large Positions 1 and 2. The mayor and councilmembers for At-Large Positions 1 and 2 shall be

elected from the city at-large. Councilmembers for Districts A, B, C, D and E shall each be elected by vote of the qualified voters residing within a corresponding

lettered single member district established by ordinance. The terms of the mayor and

councilmembers shall be staggered three year terms, and the transition to three year terms shall be as

provided in Sec. 3”

Alvin City Council members are term limited

“No mayor or councilmember may serve more than three (3) terms of

office (inclusive of unexpired terms) nor shall the tenure of office exceed nine (9) years.”

Basic requirements to be a member of the Alvin City Council:

“(i) be at least eighteen years of age; (ii) be citizens of the United States; (iii) be qualified

voters of the city; (iv) have been residents of the State of Texas for at least twelve consecutive

months; (v) have been residents of the city and the district for which they seek election, or an area having been annexed into the city and/or the district, for at least six consecutive months; (vi) not be delinquent on any indebtedness to the city; and (vii) meet all other qualifications

for eligibility set forth in the Texas Election Code.”

The city has investigative powers:

The council has “the power to inquire into the official conduct of

any department, agency, office, officer, or employee of the city, and into any other matters of

proper concern to the Municipal Government.”

But it cannot interfere with administrative matters:

“Neither the council nor any of its members shall direct or request the city manager or any of his/her

subordinates to appoint or to remove from office or employment any person except a person whose office

is filled by appointment of the council under the provisions of this Charter. Except for the purpose of

inquiry and investigation, the council and its members shall deal with the administrative services of the city

solely through the city manager; and neither the council nor any member thereof shall give orders to

any subordinate of the city manager, either publicly or privately.”

Alvin – like many Texas cities – is an initiative, referendum and recall

city.

Manvel City Council

Manvel also has a council – manager form of government:

The municipal government provided by this Charter shall be known as a "council-manager

form of government." Pursuant to the provisions of, and subject only to the limitations

imposed by, the state constitution, state laws and this Charter, all powers of the city shall be

vested in an elective council, hereinafter referred to as the "city council" or the "council."

From the Manvel webpage on the city council:

The Manvel Council members are the city's legislators. Their primary duty is

policymaking, which includes identifying the needs of local residents, formulating

programs to meet the changing requirements of the community, and

measuring the effectiveness of ongoing municipal services.

The Manvel City Council meets twice monthly, on the 2nd and 4th Monday of every month. The meeting starts at

7:00 p.m. and is held at Manvel City Hall. The meetings are

open to the public and input is encouraged.

Council members are elected for three year terms, all positions are at large.

The Manvel City Council has six members, the mayor serves on the

council.

City Council members are not compensated for their service.

Neither is the mayor.

Pearland City Council

Here’s text from the Pearland City Council Webpage

The City of Pearland is governed by the Council/Manager form of government in accordance with the Home Rule Charter adopted by the voters in

February, 1971.

The City Council is the legislative and policy-making body of the city. It consists of 5 members elected at-large for 3-year, staggered terms. Elections are held annually on the second Saturday in May. The Mayor and Council provide community leadership, develop policies to guide the city in delivering services and achieving community goals, and encourage citizen

awareness and involvement.

Unless otherwise rescheduled, the City Council meets on the second

and fourth Mondays of each month at 7:30 p.m. at City

Hall. Meeting agendas are posted to the city web site at least 72 hours in advance of meetings.

City Council members are paid $9,000 a year.

The city’s code of ordinances can be found here.

Some detail from the code:

The Mayor presides over the city council, but can only vote in case

of a tie.

The staggered elections work as follows: In the first election year after adoption of the charter, two (2) councilmembers shall be

elected for positions 1 and 5. In the second election year after adoption of this charter, the mayor and one (1) councilmember for

position 3 shall be elected. In the third election year after adoption of this charter two (2) councilmembers shall be elected

for positions 2 and 4.

Term Limits: “Councilmembers shall be limited to two (2) full consecutive elected terms of office, and there shall be no

limitation on the office of mayor.”

The powers of the council are spelled out in

Article 3, Section 3.07.

Rules regarding the meetings of the city council are contained in

Article 3, Section 3.08.

The council’s rules of procedure are in Article 3, Section 3.09.

The procedures for passing ordinances or resolutions are in

Article 3, Section 3.10.

Houston City Council

A description of the Houston City Council from its website:

The City Council is the City's legislative body, with the power to enact and enforce all ordinances and

resolutions.

Eleven Council Members are elected from districts and five are elected at-large, by all voters of the City. The

sixteen members of Council, along with the Mayor, act only by ordinance, resolution or motion. They adopt

and may alter the annual budget and confirm the Mayor's appointments.

Council is responsible for the appropriation and issuance of bonds, the awarding of

contracts and the approval of City expenditures over $50,000. Council may lease or dispose of the City's real estate

and may levy assessments against property. Council determines its own rules of procedure, and its meetings are open to

the public.

The Houston City Council has its own Wikipedia Page.

Here’s a link to Pew Center report contrasting the city councils of major cities along a

variety of criteria.

The Houston City Council is run with the help of an administrative

staff:

Administrative Office of City Council

The design of the City Council is contained in

Article V of the Houston Code of Ordinances

.

The details of the power of the City Council are found in

Article VII of the Houston Code of Ordinances

.

A few points:

The code does not state that Houston has a strong-mayor

system, but that’s what it outlines.

Section 2 of Article V lists the number of members elected from single members districts and those

elected from at-large districts.

Once Houston’s population surpassed 2,100,000, it had 11 single member

districts and 5 at large.

Section 3 of Article V grants to the City Council the power to establish

its own boundaries, with the stipulation that it address any

imbalance that develops.

Section 4 outlines the qualifications for office. In addition

to being a qualified voter and a resident of the city, and have

resided in the district they wish to represent to at least 12 months.

Section 5 states that City General Elections “shall be held on the first Tuesday after the

first Monday in November of every odd-numbered year or such other day as may be prescribed by the general laws of the

State of Texas.”

The fact that these elections are held on odd numbered years means that turnout

for city elections tend to be very low.

Section 6 states what one has to do to file for office. It incudes filing

a sworn application at least 30 days prior to the election and

paying a $500 filing fee.

Term Limits are discussed in Section 6a: “No person, who has

already served two full terms, shall be eligible to file for that same

office.”

Article VII of the Code details how the council does business.

Section 1 of Article VII states that City Council members shall receive

a compensation which was originally set at $3,600.

They are now paid $56,000.

Click here for a comparison with area council members.

City Council member are expected to serve full time, but the code of ordinances states they “shall not be required to devote their full

time to the duties of their offices.’

Section 3 describes how meetings are to be conducted.

The remaining sections outline miscellaneous aspects of the

power of the council.