Continuously serving Kosciusko County since 1854
SYRACUSE - For approximately two hours Monday, the Syracuse Town Council debated the powers and duties of the town manager.
When all was said and done, three of the council members approved for town attorney Mike Reed to draft an ordinance to amend town code 91-11 so town department heads report to the town manager on a day-to-day basis for administrative purposes and that ultimately the department heads report to the town council for hiring and firing.
Council vice chairman Paul Stoelting abstained from voting because he said the term "administrative" sounds "limiting."
Town Marshal Tom Perzanowski asked the council, "Why use the word 'administrative'? What wouldn't I report to him?"
Voting for the motion were council chairman Larry Siegel, Cassie Cowan and Brian Woody. Not present at the meeting was Brian Antonides.
Town code 91-11 specifies the powers and duties of the town manager.
All four council members present voted for a motion by Woody to nullify the town officials organizational chart included in the town code book.
Woody asked town manager Brian Redshaw if the council created a better understanding of the town manager's job description. Redshaw said he thought he could work with it until his official resignation date of Sept. 1.
The meeting Monday began with Reed passing out to the council pages from the Indiana Association of Cities and Towns' 2004 Indiana Elected Municipal Officials handbook. The pages summarized how the different offices fit together, how towns are organized and the various powers of the council, town clerk, town marshal, town manager and town attorney.
Stoelting asked if there was anything in the state code the town manager is not supposed to do except what the council already knows he's not supposed to - i.e., issue or execute bonds. Reed said the town manager is responsible for management of the day-to-day duties. Legislation allows the council to delegate authority to the town manager.
If it's not prohibited in state code, Cowan said, it would seem that the town manager is allowed to do it.
Home rule, Reed said, gives local governments authority to do what needs to be done unless it's implicity given to the state or other entity.
Stoelting asked if there was any reason the council couldn't allow the town marshal to report to the town manager.
"Not that I'm aware of," said Reed. If the town council has the power to do anything, it may delegate that power to the town manager. Ultimately, the council is still in charge, and they hire and fire the town marshal, but the council may require the marshal to report to the town manager. The point, he said, is the council sets the framework and policies for the town and the town manager follows through on them for the day-to-day activities. Any powers not retained by the state, county or townships belong to the town.
"The question , are you going to run it on a day-to-day basis?" Reed asked. Or do they want one person, the town manager, to do it. "It can be as specific or as general as you want it."
Stoelting said the reason the council was meeting is because the council doesn't have a consensus as to what the town manager should be doing. The council is the ultimate authority, but the town has people to run the day-to-day operations. If the town council has to approve everything the town manager and department heads are doing, why would the town have a manager at all?
"I feel we should have a strong town manager position," Stoelting said.
Siegel said the town code has very little in writing on what the town manager is supposed to do. It needs to be in writing, he said.
Stoelting said he thought town code 91-11 already is fairly specific. If more is needed, he didn't have an enumerated list of what the town manager's responsibilities should be, but the town manager should be responsible for the day-to-day operations. "I don't want to run the day-to-day activities. I don't want to supervise."
Woody asked Redshaw what Redshaw was upset about. Redshaw replied that when he was hired five years ago, he operated under a clear understanding of what he was supposed to do. He was brought in to manage the organization with authority over the department heads under the ordinances the council adopted. But if the council gives the town manager no authority, they can't make enforcement of the town ordinances a town manager responsibility.
"If you take my power away from me," Redshaw said, "I'm gutless."
Siegel said the duties and powers of the town manager should be in writing, but aren't.
Cowan said 91-11 provides for the duties of the town manager. While it may not be specific, if the council took the time to write out each and every duty, it would be consuming. "On a day-to-day basis, I would expect the town manager to handle all of it."
Perzanowski said he was having trouble understanding the problem Siegel had. When he was hired, he was told specifically he was responsible to and was to report to the town manager, just like the other department heads.
Siegel asked Perzanowski if that was in the town council minutes somewhere or in the ordinances.
Perzanowski asked in response if a given verbal directive didn't stand. Siegel reiterated it needed to be written somewhere.
Reed told Siegel he tended to read one thing and focus on that. Siegel needs to read the town codes as a whole. The council can make any of the town's employees report to the town manager they want to. But if the town manager doesn't run the day-to-day operations of the town, then the council must.
Again, later, Stoelting said, "The town manager should have all the authority we can delegate to him. ... I want the town manager to do everything he is legally capable of doing."
