Information or Advocacy—Is There a Difference?

4.3 Information or Advocacy—Is There a Difference?

Controversies: 3.14, 3.20 Key Words: city manager, taxes, revenues, advocacy Case Complexity → Moderate CD: 4.16 Cities-Counties Ethics Issues

As the city manager of a small community (population of 4,300) facing the pros- pects of a $124,000 shortfall in property tax revenues if the voters statewide approve the tax referendum Save Our Homes cap of 3-percent assessment increases, you are distressed about what the impact will be on the quality of life for residents. You know that it will be necessary to cut services severely, which will surely lower the quality of life in Lake Alfred. You muse, “What can I do about this?” “Should I mount an information drive to alert residents of the situation?” “Should I be a pub- lic advocate urging voters to vote ‘no’ on the referendum?”

You consider the following options:

1. Call for a town hall meeting and forcefully present the case against the referendum.

2. Put pro/con information about the referendum in the residents’ utility bills.

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3. Post flyers around town at such places as city hall and the utilities department drawing attention to the service cuts.

4. Write a letter to the editor of the local newspaper.

Discussion Questions

1. If you decide to write a letter to the editor, what should you say?

a. Vote “no” on Amendment 10?

b. Describe the cuts in services that will follow?

2. As an appointed city official, is it your job to advocate against the amendment?

3. What would you do if your city council voted to oppose the amendment? Voted to support the amendment?

4. Do city managers have the duty to voice what they believe is in the best inter- ests of the community even if the council disagrees? Agrees?

5. Is there a bright line between providing information and advocating a policy preference, even if you feel it is the right thing to do?

Case Assessment

Douglas E. Matthews, Director, Public Communications, Clearwater, Florida:

Ultimately, our role as public managers is to serve the will of the com- munity as articulated through our elected officials. There are many times when our professional judgment and opinion may run contrary to the direction given by the elected body or, as in this case, the state and the voters. It’s important to remember that our code of ethics specifically prohibits us from personally engaging in political activity of any kind. With that said, this isn’t a case where there is a “bright line” to guide you. Generally, the tipping point between information and advocacy happens the moment that you tell the community to “vote yes” or “vote no.” That’s the key difference between you and your elected bosses. Th ey are free to advocate as they wish. You are not.

Th at being said, you have a civic responsibility to share specific infor- mation about the impacts of any decisions that may be made. In fact,

that’s your primary role as manager. The best and most effective thing you can do is share your realistic analysis of the potential impacts and where the requisite cuts are most likely to be made should the amend- ment pass. Given this information, the community can decide whether those reductions in services are acceptable or not, then vote accordingly. Your best approach is to outline potential service reductions in a public discussion with the elected body before putting any information out to the community. Remember that they were elected to represent the wishes

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of the community, and they should be part of the process of setting bud- get priorities before they are outlined to the paper or any other group.

Your best message is that “passage will have very real impacts locally for a marginal savings on local tax bills, but we will go about making the necessary reductions openly and professionally should the com- munity choose to pass the amendment.” Let your elected body take

a stronger stand if they choose to, armed with the information you’ve provided on the potential impacts. But before you put pen to paper, and you write a letter to the paper, be absolutely sure that you have the sup- port of your elected officials in doing so. Otherwise, you run the very real risk of “getting ahead” of your bosses, which has led to the demise of many a public manager.

Pam Brangaccio, (former) County Administrator, Bay County, Florida:

Th e most important point in this example is the position of the City Council of Lake Alfred, that is, the “majority” political position, on

the referendum, that should guide the local actions of the city manager. If the city council has stated a public position against the referendum, then by all means, the city manager should put together a communica- tion plan for the media and public, expanding the impact of the reduc- tions on the quality of life in Lake Alfred. This communication plan

should also have the approval of the city council and their involvement would also be a welcome part of the plan. The mayor or an individual city commissioner could accompany the manager to the local editorial board, and also write articles to the paper and the citizens. The man- ager should present the facts, that is, no threats, just the facts on the service reductions in parks, libraries, fire, police, street maintenance, etc., which will greatly impact the residents of the town.

The only stoppage that I would see, in a public information cam- paign … we have had legal counsel advise us in the past that we can

include “vote” and the facts on information from the city or county, but that we cannot say “vote no” or “vote yes.” But, there are cities that have used the “vote yes” or “vote no, so” again, the manager should follow the advice of the local city attorney on the wording of any city publications. We have also worked with citizen PACs in the past by providing infor- mation on local government sales tax ballot questions, and they can say vote yes, or no. Also, remember there are now 2008 restrictions imposed by the state on local governments, which should be followed.

If the city council in Lake Alfred does not take a stance on the tax reductions, then the manager will need to limit his involvement to his association efforts, that is, Florida City/County Management Association or Florida League of Cities, in which the information is

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given to the state associations for Lake Alfred to be included in their materials. The city manager could also prepare the information for the

council as part of the budget process, which makes it public for media coverage, but will not be able to be involved in a local campaign which does not have the approval of his council, against the amendments. Th is position is very clear in the ICMA Code of Ethics, which states that the manager should not be politically involved, unless it’s a local referendum issue and the town has authorized his involvement. For me, we have taken our campaign against the tax reductions to all groups within the community, with board approval, from editorial boards, public forums, government websites, to Tallahassee, voter mailings, newspaper ads, meeting with unions and employees, payroll inserts, local colleges, working with formal PACs, state associations, and local municipal leagues, as well as TV and press conferences.

Randall Recklaus, Assistant City Administrator, Batavia, Illinois: Th e city manager of Lake Alfred in question does have a difficult choice

regarding the balance between advocacy and providing information. Th e CAO position is generally charged with making sure decision mak-

ers are basing their decisions on the best information possible. In many circumstances, that information comes in the form of a staff recom- mendation, and in others it may be a more balanced analysis of facts. However, in this case, the city manager is not working with his or her own city council on a city issue, but the electorate-at-large on a state- wide issue. That distinction is an important one, despite the dramatic impact the referendum may have on Lake Alfred.

A key question in the city manager’s analysis ought to be: has my city council taken a position on this issue? The manager must remem- ber that he or she serves the council first. If the council has taken a

formal position formally opposing the referendum, then the question is one of how best to communicate the council’s opposition and con- tribute to the public discourse on behalf of the elected office holders. In that case, having an open house with an informational presentation on the city’s reasoning for opposing the measure, informational flyers on the impacts, and even a carefully worded letter to the editor may be warranted and/or appropriate.

However, if the city council did not take a formal vote on the issue or is clearly not in consensus on the issue, the city manager must be much more cautious with his or her approach. In this case, the manager may still want to lend information to the discussion, but must be care- ful not to advocate voting one way or another, or portray a “city posi- tion” on the issue when it doesn’t exist. Under this scenario, well-worded

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informational (nonadvocacy) flyers and utility billing inserts may be considered as nonconfrontational ways to communicate the impacts. Even these methods should only be utilized if the city council and mayor have been made aware of the staff’s intent, and they have no objection.

Lastly, if the city council actively supports the measure, the city manager most likely should not actively or passively oppose the measure with any correspondence or information that is not explicitly approved by the city council. It is the city council’s right to take a position on an issue, even if the manager believes that position will be detrimental to the community. The city manager serves at the pleasure of the city council. If the manager cannot in good conscience even passively sup- port the city council’s position, he should communicate his feelings to the group, and if necessary, resign.

Elizabeth Kellar, Deputy Executive Director, International City-County Management Association:

One of the most important principles in the ICMA Code of Ethics is the respect that a city manager has for the democratic process. Tenet 1 emphasizes the manager’s dedication to democratic local government by responsible elected officials. For that reason, the city manager’s first obligation is to represent the city council’s official position. If the city council has taken a position to oppose this ballot measure, then the city manager is on strong ground to advocate that official position. ICMA

members may assist the governing body by making presentations, par- ticularly to explain the financial implications of a referendum. If the city council is supportive of an activist role, it can be appropriate for the city manager to write a letter to the editor or to organize a town hall meeting to explain the city’s position.

If the city council has taken no position on the referendum but the city manager wants to be an advocate to persuade voters to vote “no,” ICMA would advise him or her to (1) work through a state municipal league or other state-wide organization to help educate voters; (2) con- duct any personal advocacy on his or her own time and without using any city resources; and (3) take care not to pressure city employees to get involved. City managers may make financial contributions to

issues they wish to support and may advise advocacy organizations on strategies that may be effective. If the city council has no posi-

tion on the referendum, the city manager should not write a letter to the editor or call a town hall meeting. Using the city manager’s posi- tion or title to advocate would not be appropriate as the community could reasonably believe the city manager is representing official city positions.

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Should the city council take a position in favor of the referen- dum and the city manager strongly opposes it, the city manager still has an obligation to represent the city council’s official position, if requested. He or she is still free to make financial contributions or work with a state-wide organization to oppose a referendum. However, such activism comes with this caveat: the city manager may lose the confidence of the governing body should his or her support be highly visible. In such circumstances, the city manager could face termination or might feel it necessary to leave employ- ment with the city because of fundamental disagreements with council direction.

Author’s Note: Based on story “Lake Alfred Manager Works Against Higher Property Tax Exemption” at http://www.theledger.com/article/20080109/ NEWS/801090359/1244/last14days (accessed January 10, 2008).