New Mexico News
| Power Clash at City Hall |
| Posted by Peter Phipps (pphipps) on Jun 10 2008 at 7:00 PM |
Before taking office, Martin Chávez joked that a mayor couldn't cross the street without City Council approval.
Seven years later, the joke's not so funny.
Chávez has repeatedly clashed with councilors over where their authority stops and his begins.
And councilors are pushing their own limits, too, assuming some functions of government typically reserved for the executive branch.
Such disputes are "the nature of the beast," Chávez said Monday in an interview. "It's a conversation that's gone on since 1972 (when the City Charter was adopted). Every mayor has to jealously guard and protect the authority of the executive branch."
The conversation has been heated. The mayoral administration and the council have clashed over the city's operating budget and the purchase of a balloon-landing site.
Council President Brad Winter said his fellow councilors are frustrated.
"When we set policy or pass an ordinance or resolution, he basically says, 'This is advisory,' '' Winter said. "He doesn't want to work with the council."
Councilor Sally Mayer said the mayor has gone too far in arguing that some council actions are "advisory," not mandatory. The City Charter calls for the mayor to "faithfully execute" all regulations, laws and resolutions of the city, she said.
"I think he picks and chooses and takes some of the City Charter out of context to justify his behavior," Mayer said.
Blurred lines
The City Charter empowers the mayor to control and direct the executive branch of government. The council is the legislative body that adopts laws, policies and budgets.
In practice, the division of labor gets messy. For example:
The mayor told councilors last month that the budget they adopted oversteps their authority in some instances.
He said he would treat some of their directives— such as which jobs to eliminate or fill— as "advisory" because the executive branch is under his control, and councilors cannot get involved in personnel matters.
"They can fund the positions," Chávez said. "Whether to actually fill them, that's totally up to the executive."
He has said he may not fill some jobs to ensure the city stays within its budget. Councilors, meanwhile, had cut some programs favored by the mayor because they wanted to fund extra librarians, bus drivers and code-enforcement inspectors— which they said were community priorities.
Mayer said it's not up to the mayor whether to follow budget directives.
"We're the policymakers— that's very clear," she said. "And how we spend our money is policy."
Councilors last week adopted a resolution authorizing the council president to sign an agreement to acquire a balloon-landing site.
Chávez said councilors "do not have the authority to execute a contract" for that purpose, and the city attorney agreed with him.
This year's city budget includes $750,000 to acquire open space near the petroglyphs. But the city hasn't actually bought the property, with just weeks left in the fiscal year.
Chávez said the directive was vague enough that he has discretion in carrying it out.
"They have to be very specific," he said. "When they're general, they leave discretion to the executive."
Winter said the mayor "needs to follow through" on council bills.
"He won't carry it out if he doesn't think it's part of his plan," Winter said.
The council's budget for next year includes about $700,000 to hire contractors to work on land-use planning documents. Councilors complained that the Planning Department wouldn't do the work, so they put money into the budget to do it.
"We put money in departments, but they don't spend it," Councilor Debbie O'Malley said.
Chávez said councilors can issue contracts "to do their jobs," as long they don't invade the executive branch's authority.
"It depends on how far it goes," he said.
More conflicts
O'Malley said the power disputes are happening with more frequency.
"We don't want to be in the position of micromanaging everything," O'Malley said. "It's gotten to the point where we've had to get involved in things we should not have had to."
Winter said the mayor's style has led to dwindling support on the council.
"It's Marty's way or the highway," Winter said.
Chávez, who has been mayor from 1993-97 and since 2001, said the disputes over authority are a natural part of having a "government as young as ours. ... There's some intertwining within the charter."
He said he respects the council's authority to move money around in the budget and serve as the governing body.
Conflicts will "flare from time to time," Chávez said. "I'm very certain of what I pledged to do when I campaigned. I keep focused on the promises I made. If I think the council oversteps on an issue, I certainly say so."
As for crossing the street without approval, Chávez remarked: "I think I may have amended my position if I said that."
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