Letter: The Charterist IV – The real character of the executive

Charter Review Commission candidate John Jay continues his series providing background of the County Charter

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

The constitution of the executive department of the Clark County government requires our next attention. There is hardly any part of the system which was built with greater care in its arrangement and there is none which has been criticized as harshly.

The Charter specifies that the powers of the executive shall be composed of both the appointed County Manager, as well as the various offices of the elected officers of the Assessor, Auditor, Clerk, Prosecuting Attorney, and Sheriff. Most of these elected positions follow the standard structure established by the Washington State Constitution, except for the Coroner, which has been changed to an appointed role. All are chosen every four years during the midterm elections. Each position has a distinct set of responsibilities: the Sheriff serves as the county’s chief law enforcement officer; the Assessor determines property values for taxation; the Auditor oversees elections and public records; the Clerk maintains court records; the Prosecuting Attorney handles criminal prosecutions; and the Treasurer manages county finances.

The Charter primarily focuses on the County Manager, who serves as the chief executive officer and holds all executive powers not assigned to the other elected executive officials — who receive only brief mention in the document. The County Manager can be appointed or removed by a simple majority vote of the County Council and serves until they are removed, or they choose to resign. The Charter states that the County Manager should be selected based on executive experience and professional administrative qualifications.

The County Manager yields vast powers, including oversight over all administrative departments, the right to execute and enforce county ordinances, the power to propose the county budget and county comprehensive plans including capital improvement and developmental ordinances. They can determine their organizational structure and assign duties to the administrative departments unless specified by the Council. Further they can sign on behalf of the county in contracts, conduct collective bargaining on behalf of the county, and manage our county’s properties.

In addition to the vast powers that the County Manager has, they are also protected from interference from the legislative branch. Councilors are specifically forbidden from issuing orders or directing any county employee without the approval of the County Manager. They largely set the agenda for County Council meetings and own the flow of information, which is a dramatically different structure than our Federal Constitution which grants the legislative branch enormous powers of oversight over the executive branch.

There is an idea, which is not without its advocates, that a powerful County Manager is inconsistent with the genius of republican government. Such vast powers held by a public official that does not have to face the electorate. An unequal allocation of powers between the executive and legislative, wherein that the executive is granted the initiative in preparing the budget but also the right to set the agenda for all Council business. Information is power in politics, and if one branch has a monopoly on it and is shielded from checks from other branches, then it is difficult to conclude that we have achieved an equitable balance of powers between our branches of government in Clark County.

The remedy to this imbalance must be deliberated on by the next County Charter Review Commission.

John Jay
Charter Review Commission candidate