Program closure triggers debate on mayor’s power

The elimination of city departments without consulting the public or City Council has sparked debate about the powers of Spokane’s mayor.

Last month, Mayor David Condon announced that he was disbanding the city’s real estate program and laying off the department’s two employees.

Around the same time, the sole employees of the city’s weights and measures department and arts department were notified that they may be laid off before the end of the year – effectively eliminating the services from city government without having to hold a public hearing.

Administrators have since delayed action on the arts and weights and measures departments. But City Council President Ben Stuckart proposed a nonbinding resolution requesting that the mayor seek approval from the council or at least consult with it before city services are eliminated. That proposal was tabled by supporters this week when they realized that it would likely fail on a 4-3 vote.

“To eliminate departments in the middle of the year when they are fully funded, that undermines the authority of the council’s policymaking role,” Stuckart said.

After public hearings, the City Council approved the 2012 budget, which maintains the real estate, arts, and weights and measures departments. Eliminating services should require amending the budget by the council or should wait until the council deliberates over the 2013 budget, supporters of Stuckart’s resolution say.

But a majority of the council says it’s silly to hamstring the mayor on budget issues that involve only one or two people, considering the city employs about 2,000. They say that the mayor should have the authority to eliminate small departments without seeking council approval.

“This is stuff that we look at once a year. We don’t think about it the other 365 days,” said Councilman Steve Salvatori. In order for the council to have to be consulted “it’s got to be more than 1/2000th of a slice.”

The man who led the effort to craft Spokane’s current system of government, former City Councilman Steve Eugster, said the mayor has the right to hire and fire, but not if his goal is to eliminate a program that was funded in the current budget by City Council.

“The mayor has to honor that budget unless he goes back to the council,” Eugster said.

Council members who say Condon should have the right to eliminate departments note that the city faces a multimillion-dollar shortfall that must be overcome to balance the 2013 budget.

“The mayor is the CEO,” said Councilman Mike Fagan. “He reserves the right to ensure the city’s financial position.”

Carly Cortright, president of the Spokane Managerial and Professionals Association, which represents the real estate, arts, and weights and measures workers, said her group received only a half-hour notice that the two real estate employees were losing their jobs before it was announced publicly.

“I’m particularly frustrated that they are essentially outsourcing this work,” Cortright said. “Outsourcing is not always cheaper.”

Asked about the short notice for the layoffs, Condon noted that he created a new administrative role, which was filled by interim utilities director Gerry Gemmill, that’s partly dedicated to improving relations with labor unions.

“I want to make sure that I’m communicating with my own employees,” Condon said at a news conference earlier this month.

Condon denied at his news conference that he was outsourcing the real estate work and stressed that much of it will still be completed by city staff. Even so, city officials acknowledge that at least in the short term the duties of purchasing rights-of-way for construction projects will be sent to the private sector.

City spokeswoman Marlene Feist said the city has selected City Planner Dave Steele to handle “asset management,” a city division that may grow once details are settled. She said the two real estate employees were laid off because the city wants workers who can manage city property as opposed to simply buying property needed for construction projects.

The elimination of the real estate program played a role in a decision this month to delay reconstruction of Francis Avenue from Crestline to Haven until next year.

City Engineer Mike Taylor said the work had been planned for this year to coincide with the state project redoing the Francis Avenue railroad overpass for the North Spokane freeway.

But other factors already were pushing the project toward the end of the construction season, and with the elimination of real estate employees to purchase needed right-of-way, Taylor said he decided to push back the project until 2013, when the rest of the work on Francis was scheduled to be done.

Stuckart said the delay is further evidence that the council should have a say in the elimination of city programs and services.

“That raises a real red flag, and council should have been consulted about that,” Stuckart said.

Condon said at his news conference he’s not bothered by the council’s debate about his role.

“Having a good tension between the legislative branch and the executive branch is very fruitful,” Condon said. “I was elected to make significant changes in the administration of the city. I’m looking at those areas that work to enhance services to our citizens.”