Charter Review Commission candidate John Jay continues his series of letters to the editor

Editor’s note: Opinions expressed in this letter to the editor are those of the author alone and may not reflect the editorial position of ClarkCountyToday.com

To the People of Clark County: 

From the more general inquiries pursued in the last two papers on Home Rule and our first County Charter Review’s Amendments, we now move on to a specific examination of the various departments of our county government. We shall begin with the Legislative Branch, whose power is largely vested in the County Council. 

The Council consists of five part-time members, each elected to four-year terms by their respective districts in both the primary and general elections. This marks a shift from the previous commissioner model, in which candidates were nominated by district but elected at-large by the entire county in the general election. 

At its first annual meeting, the Council elects one of its members to serve as chair. The chair is responsible for conducting meetings, acting as the county’s spokesperson, representing the county in intergovernmental and ceremonial settings, and overseeing constituent communications on behalf of the Council. A vice-chair is also elected to serve in the chair’s absence. Councilors are then appointed to represent the county on various boards and commissions, such as C-TRAN, that require Council representation. 

The Charter grants the Council significant powers, including the ability to levy taxes, appropriate funds, and adopt the county budget — functions similar to Congress’s “power of the purse.” The Council also adopts comprehensive plans and land-use codes, conducts public hearings, approves collective bargaining agreements, confirms or rejects appointments forwarded by the County Manager, and nominates members to bodies such as the Planning Commission. 

The charter is almost self-conscious in its wording regarding the powers of the legislative branch, as though it is acutely aware of how much it stands in contrast to the American political traditions when it comes to establishing the powers of a legislative branch of government. Whereas the U.S. Constitution confidently opens with, “All legislative powers herein granted shall be vested in a Congress…”, the Clark County Charter states, “The legislative power of the county not reserved by the people or executive branch shall be vested in a county council.” Right out the gate, the charter undercuts the Council and makes it clear that the branches of our county government are not co-equal. Further, the charter states that the Council shall be the “policy-determining” body, as opposed to the “policy-making” body, which essentially means that the executive branch proposes and the Council reacts.  

The charter continues to undermine the legislative branch as it outlines the council’s relationship with the other branches. Councilors are prohibited from interfering with the administration of the executive branch and may not issue orders or directions to county staff. The charter does go through great pains to make it clear that Councilors are not prohibited from making requests referring a citizens complaint, initiate an investigation, or request information but making a request is hardly a concrete enumerated power to access information and investigate. 

Adding to this structural disadvantage is the part-time nature of the Council and its lack of dedicated staff. How can five part-time legislators without research support or reliable access to information serve as an effective check on six full-time elected executives, an appointed County Manager, and over 1,500 county employees? And how can working citizens reasonably serve when Council meetings are scheduled for weekday mornings? 

These issues must be front and center in our next County Charter Review Commission. The current structure leaves our legislative branch underpowered, underresourced, and structurally subordinate. If we want real checks and balances in our county government, we must start by addressing this imbalance.  

John Jay, candidate
Clark County Charter Review Commission