1997-1998 Fresno County Grand Jury Findings
[Excerpts]

The 1997-1998 Fresno County Grand Jury conducted an inquiry into the City of Fresno’s new mayor-council (strong mayor) form of government. The purpose was to examine whether it provides the citizen’s of Fresno an improved and effective form of government.

The Mayor, Chief Administrative Officer, City Attorney, all City Council members, and several community leaders were interviewed by the Cities Committee. Members of the Grand Jury visited several City Council meetings and reviewed reports of the Little Hoover Commission and the Charter Review Committee. Additionally, City Council agendas and staff reports were monitored during the Grand Jury’s term.

As a result of recommendations by The Little Hoover Commission in 1992, the Fresno City Council appointed the Charter Review Committee. Their specific charge was "to recommend a government structure that will efficiently and effectively manage the City from now and in the year 2020."

A variety of city government models were studied including those of San Francisco, Los Angeles, and Chicago. On November 3, 1993, the Charter Review Committee presented its recommendations to the Fresno City Council outlining a "modified" strong mayor form of government. The modified strong mayor form of government evolved with more emphasis on the City’s executive head with veto power. A significant portion of the recommendations focused on the mayoral powers including those involving the City Manager (Chief Administrative Officer), City Clerk, City Attorney, and the veto power. The voters approved the charter amendment change on the April 1993 ballot and the new strong mayor form of government became effective January 1, 1997.

Under the new city government, the Mayor is not a member of the Council and he has sole power to appoint and remove a strong professional Chief Administrative Officer (CAO). The City Attorney and City Clerk are appointed and removed by the Council. While the Charter does not specify authority to the Council, the Council assumed authority of the Redevelopment Agency Director.

The hierarchy of communication is not specific in the City Charter. It is evident that the Charter relies heavily on the Office of the Mayor to promote communication between Council and Mayor; Council and CAO; and City Attorney, Mayor and staff. Some City Council members stated they felt disconnected from city department heads and information. Others find the communication process acceptable.

It is difficult to determine who is the lead person or group in the City. The Charter states the Mayor shall be responsible to the people of Fresno for proper and efficient administration of all affairs of the City. Conversely, the Council deals with specific projects independent of the Office of the Mayor. If a person or organization desires to do business with the City, it is not clear if they should work with the Mayor, the Council, or both.

The intention of the strong mayor form of government was to allow the Mayor, the single city-wide elected official, to articulate a vision, to have a professional manager help implement the vision, and a City Council vested with certain powers to hold the Mayor’s increased powers in check. The Charter Review Committee’s recommendation for structural change was intended "to ensure that our Government is not driven by a personality but is, instead, driven by a process." The City Charter states in Article IV, Section 400(h):

"The Mayor shall provide the liaison between the Administrative Service and the Council, fostering a sense of cohesion among Council members and educating the public about the needs and prospects of the City."

Despite the care and expertise the new form of government has attempted to address, individual management/leadership styles are perceived as the overwhelming influence and driving force in this new form of government. The Mayor has been unable to foster the necessary sense of cohesion among Council members for an effective strong mayor form of government. This lack of cohesion has advanced the emergence of two mini-governments from the strong mayor structure: one under the Mayor with the CAO and city department heads, and another under the City Council with the Redevelopment Agency and the City Attorney’s office. This emergence has resulted in the Mayor’s powers being diminished by the Council’s 5 - 2 votes, and the Redevelopment Agency being placed under the Council’s control.