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City council changes powers of the mayor

The powers of the office of Mayor for the city of Wimberley continue to be adjusted and clarified as the Wimberley City Council once again adjusted the city’s governance policy.

During the last council meeting, the council added back language that had recently been removed from the policy that now once again states the mayor “shall have no regular administrative duties.”

While voting in favor of the measure, Councilmember Craig Fore attempted to sum up the intent of the change.

“I think you want to limit the powers of the mayor to eliminate administrative duties,” Fore said to Allison Davis, who originally suggested the change. “… I think the city was founded with the idea that we have a city administrator form of government and the administrator was intended to operate the daily work of the city and the mayor was primarily a ceremonial position. Their power was limited, if you want to call it power, to in case of emergency they were able to direct a response or whatever was necessary to deal with it. Other than that, it is laid out pretty clear (in the policy) what the mayor’s limitations are.”

Davis, Fore and Patricia Cantu-Kelly voted in favor of adding back the language. It was stated during the meeting that Cantu-Kelly is allowed to vote until her position is filled. The council officially accepted her resignation at the end of the meeting.

Gary Barchfeld and Mike McCullough voted against the measure with Barchfeld stating that he did not want to vote on the issue while the mayor was absent from the meeting.

The council then went on to change the ordinance that originally established the office of the City Administrator to clear up what Fore stated were conflicts with state law and confusing language.

The change clarifies that the city’s governing body is the council and the mayor collectively, which therefore includes the mayor in language addressing the council’s role. From there, the ordinance delegates the duties on the city administrator saying that the position includes performing “administrative tasks required to maintain control of the functions of various departments.”

The changes also acknowledge that the mayor is the official “budget officer” of the city and the administrator is to “assist with preparation of the budget,” which now matches state law. Previously, the administrator was named the budget officer, which appears to be in conflict with state law.

After the budget has been set, however, it is the administrator’s job to “(m) onitor and control execution of the budget during the year and advise the council concerning the financial status of the city.”

The council voted 3-2 in favor of the change with Barchfeld and McCullough voting against while both stating they would prefer to vote on the issue until the mayor had an opportunity to speak on it.

The Wimberley View spoke with Mayor Susan Jaggers on Monday, and she stated she had just returned from out of town and still needed to review the changes.

The Wimberley View has requested legal opinions from multiple entities on whether the council has the authority to delegate these powers to the city administrator, but none responded on the record.

In an email to the mayor in early December, the Texas Municipal League’s General Council offered their opinion on the matter referencing the powers given to a mayor by state law.

“Essentially, it means that the council can delegate to a city officer any duty not conferred on (the mayor) by statute (e.g., presiding over the meetings (22.037), budget officer (102.001), etc.),” Scott Houston, Deputy Executive Director and General Counsel Texas Municipal League, said. “The bottom line is that the city council as-a-whole is responsible for governing the city. The mayor in a type A city has very little power, unless specific authority is delegate by the council.”

Wimberley View

P.O. Box 49
Wimberley, TX 78676
Phone: 512-847-2202
Fax: 512-847-9054