Municipal Government
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Structure and Function of a Municipal Government
Government structures exist at different levels of public administration emphasized much in politics and governance much brought about by the urge for intermediate institutions that is channeled to public administration. There are different levels of government with the national being the topmost, coordinating or devolving functions of the other levels. County governments, municipal and local governments are other forms of government that exist in public governance to ease the implementation of policies and development agenda to people. Often than not, other levels of government exists where there is an advanced democracy, in dense population or where the national government intend to devolve its functions to ease the implementation of its agenda. Politics and public administration gives a distinction between government and governance which may encompass organizational and governmental linkages as a result of decentralization that contributes competition and cooperation across sectors (Feiock, 2004).
Different levels of government such as the municipal government have a critical role in their areas of jurisdiction to play as they profile governance and influencing the cost of accessing government authorities and services and policymaking. Municipal and local governments are critical levels of administration in their respective areas and in as much as it provides alternatives to the locals it has the ability of understanding local glitches and deal with them amicably. Other than policies and development purposes, governance are viewed in different purposes as regional and local governments have attracted politics of regionalism even with activism on regional approach in dealing with problems of localities. Decentralized governance impacts democracy, economic growth, equality and addressing externalities if the structures created are powerful. Municipal governments are created to enhance development within their areas through proper coordination and planning to enhance economic development.
Multi-level governance contributes to reconnecting separate fields of politics, policy and development and therefore there must be clear and properly constituted concepts of operation. Municipal governments enjoy some level of autonomy within the common general government arrangement engaging in enduring interaction. With decentralization taking place, municipal governments are normally given more roles in terms of development and poverty elevation other than just playing advisory and supervisory roles to the functions of the higher government (Enderlein, Wälti&Zürn, 2010). Countries such as the United States, Australia, and Canada among others have seen the need to enhance local governance to increase efficiency and have developed policies that enable them effectively govern cities, enhance service to their people, and widen democracy. People continually suggests different forms of governments such as the county and federal governments and continue implementing them without knowing which model is the most appropriate to implement and which will function well with their first governments.
Municipal governments are form of structures created within regions and commands to provide services that are territory or local oriented. In addition, such governments are mandated to raise revenue from taxes and other set avenues as set by the acts establishing them and ensure all the local needs are met and services delivered. Such governments respond to service delivery disparity through environmental conservation and safety, disaster response among other public programs and resources. Such governments are commonly structured in urban areas, and extend to metropolis, village and rural municipalities as determined by the national leadership.
Municipal Structures
Municipal governments are structured and implemented all over the world to respond to the views of the citizens since it is a grassroots government. Just like the national governments, they have structures and public service organized into departments constituted by officials and employees. Municipal governments are made up of elective positions and the members become to be after people elect them from the municipal elections. The extent of elections are dependent on the states and democracies as in some, only the top leadership is elected for representation while the rest are appointed, whereas in some all the leaderships and boards are elective.
Municipal governments often have large number of personnel to carter for its mandates in maintaining operations within the municipalities. Municipalities have agencies whose members either are appointees or elected as independent candidates to direct and control public service and the municipal functions. The committees appointed deal with issues on policies and functions. The municipal governments and their functions are normally defined under legal precepts that define its structure, functions, composition, jurisdiction, organization and the procedures within.
There are different forms of the municipal governments depending on their structures and leadership. Committees, mayors or councils, commissions, managers and meetings, who lead in policy structures and in establishing functions within a period of service, lead municipalities. The functions and policies of municipalities are often influenced by the national politics and citizen ideologies and stand on national policies. Due to the continued electioneering and the limited terms, the transition of municipal leadership presents the difficulty of consistency on the impact of the policies and the agenda of the municipal governments (Chris and Christopher, 2014).
The Mayor
The mayor plays a significant role in the appointment of officers and budget formation with a higher profile from some states. They may have different titles as chief council officer or the chief executive officer, a title borrowed from structures led by such control with the duties of presiding over council meetings and serving as ex officio member of committees within the councils, making recommendations to the council. Canada and the US have the vibrant mayors who have fall into accusations in one way or the other, have been innovative, and take on emergencies in their areas and promote their units (Stoney & Waters, 2008). A mayor is elected separately from the council with significant budgetary and administrative authority with powers determined by and pegged on the council charter as the council maintains legislative authority.
The Chief Administrative Officer
Also known as city administrator or commissioner, or municipal manager on instances, this system is popular in the United States. The creation of this position attempts to separate the policymaking and assigning it to the elected council from administration, which is then assigned to an appointed manager (Stoney & Waters, 2008). In this case, the chief administrator takes charge of administration and is accountable to the municipal council, which is the employer. The two units of administration and policy can make recommendations with respect to the authority of the other. Some council may reduce the number of council committees or completely abolish them as their functions are taken over by the administrative officer and in that case an oversight committee to receive reports from the officer is established or the council serves as a whole.
Commissioners
This includes formation of a commission, which then identifies the chief commissioner, who takes responsibility on a range of tasks, can see over the functions of departments, and is collectively responsible to the municipal council for their administrative tasks. This structure therefore is not elective and is independent of politics and only accountable to the council which it functions complementary to (Stoney & Waters, 2008). Such commissions can be appointed for a particular task as may be determined by the regional statutes and procedures. If appointed as special bodies by the regional governments or the national governments, the commission may enjoy a degree of independence from the municipal authority (Stoney & Waters, 2008).
Council Managers
They are purposed to oversee the general administrative duties, set policies and budgets for their jurisdictions as determined by the council. The holder of the position is a professional appointed by the council to carry out day-to-day operations within the council but is not one of the council members. This form of government is common in cities with set of activities and higher development targets that require a professional to oversee.
In the recent, these forms of government does not enjoy autonomy that they once had since there has been a lot of tendency to incorporate structural features from other forms to the rest in response to socioeconomic, demographic and political changes (Moulder, 2008). There exists the borrowing of functions and structures of one form of a municipal government to the other with the view of disintegrating legislative and administrative functions, as others establish semi-autonomous position of council administrator or manager who then is appointed from a set of professionals to oversee the council agenda. It is an effort of professionalizing municipal governments and reducing the number of committees and functions (Moulder, 2008).
Municipal Governments of South Carolina
The document on ‘Forms and Powers of Municipal Governments’ obtained from the office of the executive director of the Association of the South Carolina Municipal association stipulates the formation and functions of municipal governments of South Carolina. In the article, it can be realized that the state came up with the idea for the local governance in 1967, whose constitutional adoption was voted in 1972 general elections (Hair, 2012). The legislation later approved the Home Rule Act 283 of 1975 for municipal government, according to Hair (2012). As provided for by the act, municipal governments are incorporated and certified by the secretary of state and is subjected to the functions of which the municipal council is subjected to.
The authority mandated within the constitution provides for the cancellation of the certificate of any municipal council that fails to perform its functions or adhere to constitution. The constitution, according to the South Carolina Association authorizes for the consolidation of the local governments from a legislation that became law in 1992 (Hair, 2012). Even though the constitution of state authorized up to five forms of governments for the municipalities, the general assembly only approved three that includes mayor-council, council and council-manager forms and left out commissions and town meetings. Therefore, all the South Carolina municipalities are bound to operate only under one of the approved forms of governments that ideally have the same legislative functions but with a proper guideline on who performs the executive and administrative functions under each form (Hair, 2012).
Within the legislation of local governments, a municipality may hold election to change the form of government as per the constitution, on a date set for elections and notify the secretary of state of the changes. The general assembly provides for duties, functions, responsibilities and powers of municipalities by general law and the mandates of the council and adoption of rules of procedures by ordinance, not conflicting the acts of the constitution (Hair, 2012).
Statutory Powers of a Mayor
In the council form of government, there is a constitution of members where the mayor is inclusive. The mayor is mandated to preside over the meetings, perform ceremonial duties, call for special sittings, designate a temporary judge and performs administrative duties as determined and authorized by the council (Hair, 2012). In this form, the mayor has no statutory authority beyond that of the council members. In the Council-Mayor form, there exists a mayor and council members with equal functions as such of the council form with additional duties and authorities (Hair, 2012).
The additional duties of the mayor in the council-mayor form of municipal government include appointment and removal of employees as per the rules, supervises departments and ensures the execution of laws. The mayor is also task with the preparation of the budget and capital program and financial reports to the council and submits reports on the operation of the departments to the council (Hair, 2012). In the council-manager form, the mayor performs duties as such of the council form but with no administrative powers at any point or any additional statutory authority beyond the other council members. In all the forms, the mayor is authorized to vote and act as one of the council members (Hair, 2012). The distinction evident is the extent of statutory authority and the execution of authority and policies, and the administrative powers.
Statutory Powers of the Council
Under the council form, the council of any of the South Carolina municipalities has all the legislative, administrative and policy powers and is mandated with establishing departments and their functions, appoint or dismiss employees as per the rules and prepare and adopt a budget. Under the mayor-council form, the council that includes the mayor has the legislative and policy authority but the administrative authority falls with the mayor as determined by the council, whereas the council hold such functions. In the council-manager form, the council has all the legislative and the policy powers but mandates the administrative functions to a manager appointed by the council. The council however is mandated to perform to an extent some administrative function with the advice of the manager or as established (Hair, 2012).
Manager/Administrator Powers
In the council form as necessary, an administrator may be appointed to assist the council and can only act as delegated by the council. In the mayor-council form, an administrator may be appointed to assist the mayor with the authority delegated by the council as long as it does it does not conflict the state laws. In the council manager form, the manager has all the administrative authority and performs executive functions such as budget and reports preparation, appointing and dismissing employees. The manager is also mandated to advice the council on departments and appointments and designates a manager upon temporary absence.
The powers of the forms of the governments and the institutions within them are established under the law, but the councils are given mandates of establishing other units within their governments as need be. The South Carolina legislation provides almost similar functions for all the forms of governments but the executive and administrative functions differ (Hair, 2012). The forms of governments provide alternative administration and execution of functions.
Powers for the Municipal Governments
Municipal governments are not established to be sovereign with exclusive powers, but to serve as political subdivisions with powers delegated by state law in accordance with such laws and the constitution of the state or national government in which it is established. The powers of the municipals are vested on the councils and are responsible in exercising powers granted by the state laws (Hair, 2012). The powers of municipal governments range from policy, administrative to legislative functions among other powers as per the nature and authority for their execution.
The council whose municipal powers are vested upon has the legislative authority and is the only allowed to enact ordinances, adopt resolutions and establish policies without delegating such functions. Executive functions however vary depending on the form of governments and the council, the mayor or any other person as determined by the council can execute it (Hair, 2012). The judicial functions are performed by the municipal courts, which are part of the national judicial system controlled by the top most leadership of the judiciary and the council can appoint judges for their court systems.
Administrative functions of the municipal government vary according to their form of government and are dictated by the government in place (Hair, 2012). There are discretionary, ministerial and contractual duties of a municipal government. Health, safety and morals codes adopted by the municipals, together with such functions as licensing, regulating land use and ordinances for penalizing offenders under powers that granted by specific statutory. The municipal governments as defined in the state laws can also undertake elections, and may transfer such powers to other election bodies within the state (Hair, 2012). They can also organize and carry out referendum in the preceding elections to change the form of government and laws affecting budget limits and elections among other laws (Hair, 2012).
The municipals undertake to enforce laws by recruiting police officers with powers and duties imposed by the municipality within their boundaries and properties. Councils contract to provide services to businesses and agencies beyond boundaries and can offer emergency police support to other municipalities. The authorities can also impose fines and penalties on offenders who violate municipal laws as set by the statutes and a municipal court is another function executed by municipal government as part of the unified judicial system. The council may set the term and the remuneration of such judges, with limits of fines and penalties as per the state laws.
The municipality is also mandated to raise revenues through collecting taxes and service charges among other charges on activities within their boundaries as per the established laws. Such governments can also be authorized to borrow within limits funds for the purposes determined and approved by the council and set in the law. It must also provide chance for competitive procurement, and think of investing public money in ways that would increase revenue for their government. They may own property, which the council may sell or lease through an agreement that must be put down in writing.
Municipalities can be mandated to provide oversight roles within their areas, provide service and other regulatory functions. Such governments are established to increase efficiency in service delivery and accessing government services. It is therefore incumbent on such governments to ensure that their subjects access services and is protected as well as their welfare catered for as per the identified local needs and the government policy agenda. The governments must set and enforce such policies that do not conflict with the established constitution or laws.
Alternative System of Municipal Governments
Normally, there is need to improve the efficiency and the service delivery in municipal government with reforms in policies and procedures (Dollery& Johnson, 2005). With such reforms, the legislations may intend to expand boundaries of the municipal governments or even consolidate others for effective functioning. The policy makers therefore need to come up with efficient models that fit into their systems and the capacities of the municipal structures. The expansion of the municipal jurisdiction will depend on its focus and concentration, and whether it meets the needs under the law established. The municipal governments with the ability to deliver complex array of services will tend to have expanded area of operation while those that only focus on service to property may be dissolved into others or have limited jurisdiction.
In amalgamation, existing councils surrender their power and authority to new entity that may operate in trade off for economic advantage of the units. Small councils may be merged, and political power trade off as areas are integrated until the new entities take full control of the new areas. Amalgamation may be mainly for the reasons that other areas provide services readily than the rest and thus the boundaries of operations extended to include such areas to cater for such services (Swianiewicz, 2013). Amalgamation may take place to resolve conflict of interests undertaken by higher governments even though it has raised controversy over the years.
Conclusion
The municipal governments are established to function side by side with the regional or national governments. In as much as they are not created to be sovereign, they have powers and jurisdiction set for their operations and functions such that in some cases they enjoy autonomy to an extent. Since their authorities have smaller areas to administrate, they are expected to design and implement complex array of services as per the local needs and be sensitive to the needs. Every state or country as necessary and workable for them may enact legislations establishing local governments to help in the implementation of their agenda.
There are currently ongoing reforms and restructuring in states to strengthen the local governments and the leadership authorities such as of the mayor and councils (Schragger, 2006). Many have perceived decentralization as an act of expanding democratization and ability of citizens to access essential government services. The mayoral position should be moved from being ceremonial into a functional authority protected by statutes with the ability to execute functions with authority. The governments also need serious systemic attention with proper intergovernmental structures that enhance their functionality (Abdulwaheed & Samihah, 2012). Municipal governments are able to, and should focus and be sensitive to the needs of the locals appropriately and serve the purpose for which they were set.
References
Abdulwaheed, D., & Samihah, D. (2012). Decentralization: Catalyst for Welfare Service Delivery by Local Government Administration. Jpag, 2(4). doi:10.5296/jpag.v2i4.2665
CHRIS, T., and CHRISTOPHER, W. (2014).Representation in Municipal Government. American Political Science Review, 108, pp 605-641. doi:10.1017/S0003055414000318.
Coe, C. (2009). Handbook of urban services.Armonk, N.Y.: M.E. Sharpe.
Dollery, B., & Johnson, A. (2005).Enhancing Efficiency in Australian Local Government: An Evaluation of Alternative Models of Municipal Governance1.Urban Policy And Research, 23(1), 73-85. doi:10.1080/0811114042000335278
Enderlein, H., Wälti, S., & Zürn, M. (2010). Handbook on multi-level governance. Cheltenham, UK: Edward Elgar.
Feiock, R. (2004). Metropolitan governance. Washington, D.C.: Georgetown University Press.
Hair, M. (2012).Forms and Powers of Municipal Government.Columbia: Municipal Association of South Carolina.
Moulder, E. (2008) Municipal Form of Government: Trends in Structure, Responsibility, and Composition." In The Municipal Year Book 2008.Washington, D.C.: International City/County Management Association.
Schragger, R. (2006). Can Strong Mayors Empower Weak Cities? On the Power of Local Executives in a Federal System.The Yale Law Journal, 115(9), 2542.
Stoney, C., & Waters, C. (2008). Local Government in Canada by C. RICHARD TINDAL AND SUSAN NOBES TINDA, 7th ed. Canadian Public Administration, 51(2), 377-379.
Swianiewicz, P. (2013). An Empirical Typology of Local Government Systems in Eastern Europe.Local Government Studies, 40(2), 292-311. doi:10.1080/03003930.2013.807807