Increasingly the average citizen has less and less to say about the fate of their local community. Forces of economic globalization, political correctness and the growth of federal and state bureaucracies, take away more and more of the decision making ability from local citizens and their elected representatives. This trend is bad enough but becomes maddening if the citizens themselves seem more than happy to give up what little remains of their capacity for self government.
Here in Ridgely the commissioners are considering a proposed contract for the town manager that will cede much of their authority as our elected representatives to the unelected and non-resident town manager. It's a 5 year contract that makes it impossible for the commissioners to remove the town manager without buying out what remains of his contract. Such a buyout could bankrupt Ridgely. In the event the commissioners and town manager don't agree over policy, all the commissioners could do is refuse to fund whatever it is they don't want. Gridlock could be the order of business until the contract expires and a new town manager can be brought in to do their biding.
Let me say that I like our town manager and have worked with him in my position as chairman of our planning and zoning commission. I have no evidence that he is about to acquire the New London, Connecticut disease and start eminent domain proceedings against middle class housing blocks in order to redevelop those blocks into tax revenue rich upscale mansions. However, nice guy or not, no one in American government at any level deserves unchecked power. Our system of government is not built on blind trust. It's built on checks and balances to power. America has prospered throughout its history because of the institutional bulwarks that prevent too much power from being concentrated into too few hands. We are a government of "laws and not men". The proposed contract doesn't allow our elected commissioners to either "check" or "balance" the town manager and virtually puts our town government in the hands of one man.
Ironically, the whole contract issue has come up because the town manager has not relocated to Ridgely as he agreed to and is required by his current contract. The provision requiring Ridgely residency was meant to make the town manager a stakeholder in the community for which he is making so many decisions. Yet, the proposed contract is actually rewarding the town manager for not living up to his current contract.
At this point the contract is only a proposal. There has been no vote. The Commissioners haven't had more than a public discussion of some of it. I know they have questions too. Contact them and make a point of attending their meetings. They need to know that you don't agree with what has been proposed. What has been proposed should never see the light of day or be allowed to be enacted. The next meeting is Monday, September 10th, 7:00 at Town Hall.
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9 comments:
Toby, I hope the people of Ridgely listen to you...we are about to give away our power. And not because of Nancy. Maybe the people whom you have emailed will talk to other people of this town and put some pressure on the other two Commissioners to take a serious look at the Town Managers motives and the consequences to our town. I know I have tried. Our town, not his, since he still, after three years has not lived up to his current contract and moved to Ridgely. In my opinion, this makes him untrustworthy.
This from a manual posted at the International City/County Mamnagers Association http://www.icma.org :
Employment agreement. Written employment agreements are increasingly used to avoid any misunderstanding on the part of either party. It is in the interests of both the community and the manager to have a written summary of the terms and conditions of employment to which both parties have agreed. The stable working situation created by
an agreement helps attract and keep top-flight managers in a generally mobile profession. Spelling out the salary, benefits, and other conditions of the manager’s job puts those items where they belong—on a piece of paper where both parties can know what is expected—and removes them from the daily agenda of managers and elected officials.
While such an agreement usually does not refer to a specific term of employment, permitting either the local government or the administrator to terminate for cause or at will, it should include a section providing the
administrator with severance pay for a fixed period of time if he or she is terminated by the local government. This provides important personal and professional security for managers who have the rather unique situation of working at the pleasure of the governing body with the possibility of being dismissed for any reason at any time.
While not a lengthy legal document, the employment agreement usually is drafted by the local government's attorney. The new administrator often is given an opportunity to prepare a first draft for consideration. ICMA
recommends the use of employment agreements. If an employment agreement is not used, at a minimum a formal letter of understanding should be prepared.
If the Commissionser need help negotiating this contract they should form a committee of managers/commissioners from other towns in the area or contact the MML for assistance. There must be ample precident for contracts and I wouldn't presume to know what is reasonable, customary or legal.
Toby, I asked long ago, why a new contract with the town manager? This issue has already been broached at previous meetings. It is my estimation that the majority of the commissioners are not listening to public opinion, or the concerns of the townspeople. You are so right that the individual has so little power anymore to be heard about almost any matter concerning the town. Apparently, even one commissioner has no clout, if everything that is controversial is decided by vote, two commissioners are deciding everything for the town. How maddning!
In response to develcro:
Ridgely's Town Manager was interviewed and choosen by a representative group of Ridgely citizens and town employees. Prior to the interviewing process all applicants were told they would be required to establish permanent residency in Ridgely if hired.
After considerable negotiation the current "At Will" contract was agreed upon and signed 10/04. The contract contains all the elements that you speak of, including severance pay.
The issue at hand is the contract's permanent residency requirement. The town extended the area from the town to include the zip code area(21660) and has extended the time in which this must be accomplished many times. This requirement has still not been fulfilled.
Oh, and by the way, the town has been providing the Town Manager with a car and fuel for his commute.
Dear concerned,
The issue at hand appears to be paragraph 2, a new contract is being negotiated.
Except it's not. I don't see any negotiation here. "Manager, sell your house (at a loss) and move to 21660 or else ..." what? We'll find someone who will move here for the sake of an at-will position at a modest wage in a small town in a rural county in the isolated hinterland of the Bo-Wash sprawl? I'd say Ridgely is over a barrel unless the town can negotiate to get what it really wants.
Residency or ownership does not equal a sense of responsibility. How many investors who own property would just as easily accomodate shady developers because their interests are in increasing the value of their investment rather than the quality of their community?
Wasting the energy groaning over gas mileage is to me a distraction from the real concern: What are the traits and actions of a manager who takes seriously the interests and concerns of the citizens he/she serves? Who is going to talk seriously about what will make Ridgely a better place at the end of 5 years than it is today?
By the way this Blogger/Google set-up is buggy, it took half an hour for it to recognize my password to send this. I will not be posting again.
I agree that the problem is we are not going to find an outsider who will care for our town as much as we do.
My question is how did we get to a manager situation?
The problem is a manager is not held accountable for his decisions. A mayor, on the other hand, is held accountable, every 4 years when his/her term is up, and the people decide if he did a good enough job to keep in office.
Ridgely Resident is asking some good questions. The town manager system in Ridgely may not be working.
There have, of course, been other problems over the 10 year course of this experiment. If you read dvelcro's comments it's clear that there seems to be more than a little arrogance associated with members of this profession and their boosters -- why "move here..for modest wage..isolated hinterland...BoWash sprawl" -- What? I beg to disagree. This is a wonderful town and we pay much more than a modest wage. In fact, salaries/wages here are far above and beyond what the average Ridgelyite earns. We are not over a "barrel" either. We the people of this town have done much of the work that has turned this town around....sometimes even in opposition to town managers.
However, to change the situation means to change the charter. That would be useless if the proposed contract is passed and we are left in a straightjacket. We need to be organized and make sure that our commissioners don't cave in. Then we can proceed to other and more complete solutions to our problems.
In response to DVelcro:
Obviously, you do not live in Ridgely. And maybe it is better you don't post again.
To insult the citizens of Ridgely with your
"I don't see any negotiation here. "Manager, sell your house (at a loss) and move to 21660 or else ..." what? We'll find someone who will move here for the sake of an at-will position at a modest wage in a small town in a rural county in the isolated hinterland of the Bo-Wash sprawl? I'd say Ridgely is over a barrel unless the town can negotiate to get what it really wants."
The negotiation was done three years ago BEFORE the Town Manager signed his contract.
Sell his house at a loss? Loss from what? The inflated prices we saw that are now adjusting themselves? Besides, had he moved to Ridgely when he was hired, he could have sold his house at the inflated values, but he didn't. AND, I think it is hard to believe this wasn't all discussed with his wife when he signed the contract, so he shouldn't be using that as an excuse. They both knew the requirements of the contract almost 3 yrs. ago.
Modest wage? You've got to be kidding! For the Eastern Shore, the TM salary and benefits package is not MODEST, nor are the salaries of the town employees.
Isolated Hinterlad of the Bo-Wash Sprawl? This really shows you dont' live in Ridgely. Probably don't even know where it is, though I suspect you actually know a lot...
Groaning over gas mileage? You're missing the WHOLE POINT of the Citizens complaints...the real concers ARE HIS TRUSTWORTHINESS!!!
It doesn't matter how good of a job the TM is doing, he doesn't show much trustworthyness if he doesn't honor his contract. The commissioners have let this go on way too long.
Let me continue with the thought of charter change and having an elected mayor brought up by Ridgely Resident..
Such a system would probably have 4 commissioners elected to represent districts and a mayor elected by the whole town. Unless he shares Velcro's views thinking of himself as too good to live in this "isolated hinterland" earning only "modest" wages, our current town manager could (after he's moved here) run. Based on his record he would probably be elected. The contract controversy and slowness in relocating doesn't negate what else he has done.
Usually in such a system the mayor acts as a town manager and breaks tied commission votes. The district commissioners would represent districts centered around the streets that make up our communities. You wouldn't want to divide Central or Maryland Ave. down the middle. The alleys would serve as a dividing line between commission districts. In the old town there could be and east and a west district (with the Maryland/Central Ave. alley serving as a dividing line, for example). There could then be a north and a south district representing our newer subdivisions of Lister Estates, Ridgely Park, Greenridge and Oakview. Such a district system brings the commissioners closer to the people the represent and works well elsewhere.
Most important to this ongoing conversation it brings the town manager to town and makes him accountable to the people at the ballot box.
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