Clark, Kita Give Views on Charter

In remarks to the Charter Study Commission Thursday, two former city officials pressed the point that no document can prevent or cure animosity between a mayor and council, if the parties involved choose infighting over governing.

The Commission is several weeks into interviews of past officials on aspects of the city's special charter. Commissioners are posing the same 22 questions to each interviewee and responses are being posted on the CSC blog. One question is whether the charter could be improved in any way to enhance the working relationship between the mayor and City Council.

Rowand Clark, who served as city solicitor and prosecutor before becoming corporation counsel in Mayor Harold Mitchell's administration, said the present election system, a seven-member council with staggered terms, leaves mayors "trying to get their hands around four necks" for votes. If there was one cycle every four years instead of officials always looking to the next year's election, officials might "break from constant politicking to do some governing."

Former City Administrator Hank Kita answered the question by saying, "Short of making it a felony that they don't get along, I don't know how to do it."

He noted clashes in 1978 and a decade or so later, adding he hears that there is still fighting.

Another question was whether the corporation counsel could represent both the mayor and council. Clark said it couldn't happen "if the council is at war with the mayor." But Kita said "in the best of worlds" it was possible.

Clark said the main problem with the charter is that it was "fabricated" by a group that controlled the city at the time, mainly Republicans and downtown businessmen, "to suppress the black vote." In 1970, the mayor and all council members took office, but then every year some council members were elected and in four years there was a mayoral election. The sequence of elections was such that once that group got in, they never got out for 12 years, he said.

On replacing the system with non-partisan elections, Clark said, "My opinion is if you don't do it, you're nuts."

Kita generally took a more sanguine view of the charter, saying it is "a pretty straightforward document" that doesn't leave a lot to the imagination.

"Simplicity is one of the beauties of the document," he said comparing it to the U.S. Constitution.

It did not hinder him from carrying out his role, he said, though adding, "if you want to get into personalities and political tussles, that's another matter."

Dr. Yood and Dan were also present Thursday. Check their blogs for other observations.

A full transcript of the interviews will be posted on the CSC blog. The next meeting will be 7:30 p.m. on April 25 in City Hall Library, 515 Watchung Ave. Check the CSC blog for more details.

--Bernice

Clark