Bad Public Policy: Mayoral Interference with Forest & Beach Commission

ABSTRACT: Although not on the Forest and Beach Commission agenda of October 4, 2007, Mayor Sue McCloud began the meeting lecturing the Commission members about Forest and Beach Commission’s responsibilities for the beach. Verbal exchanges between Mayor McCloud and Forest and Beach Commissioner Bob Tierney ensued. Comments and references with regard to the duties, responsibilities and authority of the Forest and Beach Commission and the powers and duty of the City Administrator are presented; and comments are made about the interference by the mayor as inappropriate and ineffective city policy.

On Tuesday, October 4, 2007, Mayor Sue McCloud attended the Forest and Beach Commission meeting. Although not on the agenda, Mayor McCloud began the meeting by lecturing the Commission members about the Forest & Beach Commission’s responsibilities for the beach. Items presented for them to consider included waterless restrooms at 10th Avenue and 13th Avenue, additional signage, overflowing trash containers, broken railings, falling riprap, et cetera.

In response to Mayor McCloud’s lecture, Forest & Beach Commissioner Bob Tierney stated that the Commission only has an advisory role regarding forest, parks and beach. Mayor McCloud replied that she wanted a “proactive” commission to pay attention to all of its responsibilities (forest, parks and beach). Commissioner Tierney replied that the commission had taken a “proactive” role on the forest and couldn’t get the city council to respond. To that, Mayor McCloud retorted that Commissioner Tierney was out of order since that item was not on the agenda.

COMMENTS:
• The Forest and Beach Commission has the Duties, Responsibilities and Authority to develop a forest, parks and beach management plan, consider and act on tree applications and to advise and make recommendations to the City, including the City Council, et cetera. The Commission is dependent on the City Council for the funding of forest, parks and beach objectives. Note: At the October 4, 2007 meeting, the agenda item under Orders of Business read, as follows: “Continue discussion and provide policy guidance regarding the management of Carmel beach activities and responsibilities.”

• The City Administrator is supposed to be the administrative head of the government of the City and thereby responsible “for the efficient administration of all of the affairs of the City,” including Enforcement of Laws, Fiscal and Budgetary Matters, Powers Over Employees, Direction of Departments, Support of the City Council, Control of Expenditures and Purchasing, Public Works and Public Buildings and Grounds. Furthermore, “the City Administrator shall exercise general supervision over all public buildings, public parks, and all other public property under the jurisdiction of the City Council.”

• The Municipal Code Chapter 2.08 CITY ADMINISTRATOR states, as follows: “The City Administrator may, and upon request of the City Council shall, attend all meetings of…the Forest and Beach Commission,...At such meetings, the City Administrator shall be recognized and heard by the presiding bodies on all matters upon which the Administrator wishes to address such body.” While City Administrator Rich Guillen was similarly not on the agenda, he was present at the meeting and spoke about budget matters. It is unclear whether City Administrator Rich Guillen was attending the Forest and Beach Commission meeting “upon request of the City Council.”

• Forest and Beach Commissioner Bob Tierney is correct in his description of the role of the Forest and Beach Commission as advisory only.

• Mayor McCloud interjecting herself and interfering with the Forest and Beach Commissioners and their agenda is inappropriate and ineffective city policy.

• Mayor McCloud’s meddling in the affairs of the Forest and Beach Commission are reminiscent of her meddling in the affairs of the former Community and Cultural Commission, which ultimately resulted in a less focused and therefore less effective Community Activities and Cultural Commission, as far as community and cultural issues are concerned.

REFERENCES:
Chapter 2.32
FOREST AND BEACH COMMISSION

2.32.060 Duties, Responsibilities and Authority.
The Forest and Beach Commission shall have the following duties, responsibilities and authority:

A. To develop, with the Director of Forest, Parks and Beach, a management plan for the urban forest, parks and beach, and to correlate such plan with the City’s General Plan;

B. To consider and act on applications for tree trimming and tree removal and on matters involving construction in which root cutting or root crown coverage is involved;

C. To advise the City Council or other government instrumentalities of the City with respect to specified items of management and technical forestry and beach matters, including the introduction of new species into the urban forest, or the elimination of existing species;

D. To provide publicity in regard to the problems of the urban forest, including a public information program concerning care of forest resources, and including cooperation with school programs on conservation and the like;

E. To encourage gifts, bequests and devises to be made to the City in furtherance of any present or future object or project associated with the commission;

F. To review plans and submit comments to the Planning Commission as requested by the Department of Community Planning and Building;

G. To advise the City Council or other government instrumentalities of the City on the preservation, enhancement, protection and care of the Carmel-by-the-Sea beach and waterfront area;

H. Upon referral from the City Council, to review and recommend to the City Council possible City positions on proposals in the City, the City’s sphere of influence, or any wider area, which impact the natural environment of the area. (Ord. 93-8 § 1, 1993; Ord. 91-19 § 2, 1991; Ord. 88-12 § 1 (Exh. A), 1988; Ord. 213 C.S. § 1, 1970; Code 1975 § 272).

2.32.070 Authority to Expend Funds.
The Forest and Beach Commission may incur indebtedness in the name of and on behalf of the City in furtherance of its objectives; provided, that funds are appropriated, approved, or budgeted by the City Council, in advance, for such purpose. (Ord. 91-19 § 2, 1991; Ord. 88-12 § 1 (Exh. A), 1988; Ord. 213 C.S. § 1, 1970; Code 1975 § 272).

Chapter 2.08
CITY ADMINISTRATOR

2.08.060 Powers and Duties.
The City Administrator shall be the administrative head of the government of the City, under the direction and control of the City Council. The Administrator shall be responsible for the efficient administration of all of the affairs of the City which are under the Administrator’s control, and responsible therefore to the City Council. In addition, and not as a limitation of the general powers of the office, the Administrator shall have the duty and the powers set forth in the following:

A. Enforcement of Laws. It shall be the duty of the City Administrator to assure that all laws and ordinances of the City are enforced and that the orders of the City Council are carried out.

B. Fiscal and Budgetary Matters. The City Administrator shall supervise and be responsible for all fiscal and budgetary matters, advising the City Council on the financial needs of the City, current and future, and shall supervise budget preparation and control, and shall propose an annual salary plan for the City Council.

C. Powers Over Employees. The City Administrator shall be responsible for all employee actions, including recruiting, employment, appointment, advancement, and discharge, with the exception of actions relating to the City Attorney and City Treasurer which shall be carried out by the City Council.

D. Direction of Departments. As the head of the City’s management team, the City Administrator shall be responsible for and shall provide administrative direction for the day-to-day operation of all departmental activities.

E. Support of the City Council. The City Administrator shall be responsible to the City Council for the preparation of agendas, for the provision of all necessary clerical functions for the Council, and the maintenance of necessary records.

F. Control of Expenditures and Purchasing. It shall be the duty of the City Administrator to supervise and control expenditures of City funds. The City Administrator shall be responsible for the purchase of all supplies and services for all departments.

G. Public Works and Public Buildings and Grounds. The City Administrator shall exercise general supervision over all public buildings, public parks, and all other public property under the jurisdiction of the City Council. The Administrator shall review the scheduling of all public works, including street, sidewalk and storm drain projects and repairs, to assure that such projects and repairs create the minimum interference with the normal activities of the community.

H. Additional Duties. It shall be the duty of the City Administrator to perform such other duties and to exercise such other powers as may be delegated from time to time by the City Council. (Ord. 78-5 § 1, 1978; Ord. 77-22 § 1, 1977; Code 1975 § 232).

2.08.070 Internal Relations.
A. Council-Administrator Relations. The City Council and its members shall deal with the administrative services and department heads of the City only through the City Administrator, except for the purpose of inquiry, and neither the City Council nor any member thereof shall give orders or instructions to any subordinates of the City Administrator. The City Administrator shall take orders and instructions from the City Council only when it is sitting in a duly convened meeting, and no individual Council member shall give any orders or instructions to the City Administrator.

B. Departmental Cooperation. It shall be the duty of all subordinate officers, including department heads, the City Attorney, the City Engineer and the City Treasurer to assist the City Administrator in administering the affairs of the City efficiently, economically and harmoniously.

C. Attendance at Commission and Committee Meetings. The City Administrator may, and upon request of the City Council shall, attend all meetings of the Planning Commission, the Library Board, the Community and Cultural Commission, the Forest and Beach Commission, the Community Activities Recreation Commission, and any other commission, board, or committee created by the City Council. At such meetings, the City Administrator shall be recognized and heard by the presiding bodies on all matters upon which the Administrator wishes to address such body.

D. Appeals of Commission or Committee Decisions. Notwithstanding any other provisions of this code, and consistent with State law, the City Administrator may appeal any decision of any commission, board, or committee created or appointed by the City Council. The appeal shall follow the procedures established for other appeals, except that no fee shall be required. In making such appeal, the City Administrator shall have the same rights, privileges, and responsibilities as any other appellant. (Ord. 98-2 § 1, 1998; Ord. 77-22 § 1, 1977; Code 1975 § 234).