“Out of the Frying Pan, and into the Fire”
A Public Comment from Mark McKelvey
To the Governance Committee
To the Members of the Governance Committee,
If I were a teacher grading the Governance Committee’s final report, I would give high marks for the first part of its charge. The committee has carefully and thoroughly bolstered the argument for a County Administrator, furthering the discussion for Coos County to move in that direction. I applaud its recommendation to the Board of Commissioners (BOC) to “engage the general public, County department heads, and employees in a vigorous discussion about the different governance and administrative management choices” we have at our disposal.
This report reflects the suggested procedure for a change of governance by the Association of Oregon Counties (AOC) in its “County Home Rule Papers.” The AOC recommends a 16 step process. We are on step 6. Even though Coos County is not pursuing Home Rule, I think we are well-advised to follow that process in changing our governing structure. I commend the committee for its invaluable contribution therein.
However, as to the matter of the Board of Commissioners itself, the committee has failed to accurately answer a key question; that is:
What makes the three elected commissioner positions so demanding and so much different from the dozens of other important elected offices in Coos County that are part-time and uncompensated that the elected commissioner offices warrant the positions being full-time and with three full-time salaries?
The committee looks to local boards for appropriate models. But comparisons to other county boards invite a false analogy. These boards do not have the scope or scale of the BOC. In fact, if all the county’s city councils, port commissions, school, hospital, airport and community college boards were all lumped together under one body, it would still be three departments shy of the BOC’s purview.
A more appropriate analogy is found in the nineteen other General Law County Commissions in Oregon. Sixteen of them employ full-time commissioners. As an “agent of the state,” county government delivers vital services in public safety, public health, transportation, natural resources, land use, economic development, and other critical community needs like elections and tax collection. The impact of the BOC on each of the county’s 63,000 residents is fundamental, deep, and wide. No citizen is unaffected by the BOC and its decisions.
But the distinction of the BOC from other county boards is greater than that. Coos County’s governance system was no more designed for the Nineteenth Century, as the committee suggests, than the U.S. federal government was designed for the Eighteen Century. Each model has been modernized several times by amendment to meet the changing needs of a growing, industrialized society. Coos County was last modernized in 1973 when General Law Counties were granted “all powers over matters of county concern that it is possible for them to have under the Constitutions and laws of the United States and of the State of Oregon.”
No other board in Coos County has the authority, the responsibility, or the powers to act that the BOC does. It bears repeating: the BOC has the full power and authority of the U.S. Constitution and the State of Oregon. Indeed, as the committee notes in its report: “Oregon counties have a greater degree of local discretionary authority than counties in any other state,” according to a U.S. Advisory Commission on Intergovernmental Relations. This is the correct answer to the question above. The BOC is fundamentally different from any other county board. It is serious business. And it requires serious attention, the kind only full-time commissioners can provide.
Furthermore, the proposed structure (5PT w/admin) does not meet the goal of giving commissioners more time to deal with policy, politics, visioning, and goal-setting. While it does remove administrative responsibilities from the BOC’s plate, it also reduces the amount of time it has to work. At best, this is a push.
One might ask, is it reasonable to expect a volunteer part-timer to travel to Salem, Portland, Washington D.C, and elsewhere to lobby on Coos County’s behalf?
Indeed, the issue of improved representation becomes something of a red-herring when it is considered that five part-time commissioners will actually work less than three full time commissioners (100 hours as opposed to 120 hours, respectively.) It is easily argued that the “representation ratio” actually goes up, not down. While it might be better to have more representatives, it will make little difference if they are unavailable most of the time.
Finally, a change to five commissioners does not insulate the BOC from violations of public meeting law (PML). In fact, the very board Judge Gillespie found in violation of PML was a five member board, and it was precisely the commissioners’ ability to talk in pairs that led to the malfeasance. What’s more, it is erroneous to claim commissioners cannot talk to one another. Commissioners may discuss among themselves anything that “does not deliberate towards a decision.” They can set agendas or plan schedules – in an elevator, if they wish. The example of a PML violation in the committee’s report is actually in fact perfectly legal and appropriate.
(I would add that carving the County into wards is a divisive proposal which would inevitably pit one part of the County against another. We need to be fostering improved cooperation and greater County unity, not sub-dividing it.)
In sum, I agree with the committee that Coos County is a complex, complicated, multi-leveled, broad-based organization. This is a strong argument for adding a County Administrator. But as such, the County cannot be governed effectively by commissioners who afford it only part-time attention. I agree that our current governance has flaws and can be improved. But a five member part-time board is even more flawed, and frankly detrimental to our county. Bill Penhollow of the AOC has flatly stated that part-time commissioners are “less dedicated, less involved, less knowledgeable, less responsible, less accountable, and have less buy-in” than their full-time counterparts. He adds, “They do have more excuses.”
I would advise the committee heed the warning given by the AOC in the “County Home Rule Papers”:
It is a common perception that in these forms of county government, the job of the elective governing body is to make policy, and the job of the administrator or manager is to carry it out. While there is substantial truth in that perception, there is in fact no “bright line” between policy and administration. County managers and administrators participate in policy development by advising the governing body about policy options and making recommendations regarding specific county policies. Conversely, elected policy makers participate in county administration and management by oversight activities, handling citizen complaints, approving contracts and intergovernmental agreements, suggesting management changes, and above all in evaluating the performance of administrators and managers and in making decisions to retain or terminate their services.
I submit the chances of that “bright line” becoming further blurred only increase when the BOC is staffed by part-timers. When that occurs, representation of the people will be diminished.
Trading our current structure for the one recommended by the committee would be no better than “jumping out of the frying pan, and into the fire.” Let’s not substitute one sub-optimal structure for another. Let’s decide what is best for Coos County, and then figure out a way to make it happen.
Therefore, I would respectfully ask the committee re-think its recommendation of part-time commissioners.
The views expressed do not necessarily reflect the opinions of MGx.
McKelvey is right! I am amazed that the people who are always calling for more transparency didn’t have an OPEN process. The County would have given them the rooms. Instead they put this 40+ page document, longer than the US Constitution together in secrecy and propose that we vote for it. Ridiculous! One should live as one preaches. You want transparency then be transparent.. Shame on you!!! As Den says we ARE about a representative republic aren’t we??????
In the Coos County election cycle, for 2012, for County Commissioner, the elephant is still in the room. We have a representative form of government. Some, don’t know, some want to forget, others want to change it, our Representative Republic.
One of Messerle’s radio ads, begins with these words. “We’re finding”.
So how shall Coos County move forward, represented by the new formed collective, supporting Fred Messerle. He, relieves himself of responsibly as being in the role of Commissioner, by running to change the system of governance. His current radio add says. “Were finding.” There is no “I” in that statement, its the collective which will run the County under their new form of government, and it will not be a Representative Republic form of governance.
“Our Coos County model is long outdated and needs to be brought into the 21st Century.” Right out of the Voters’ Pamphlet.
His paper ads:
His “vision and a plan to help”: “Working cooperatively with the County staff and other commissioners”: “Work with colleagues and staff”: ”Work with other County, State and Federal officials and agencies to form strategic partnerships”. His ad shows no interest in listing or working with the people he represents, unless they are colleagues.
Be cautious, you may get what you vote for.
Is our Constitution outdated?
The Coos County Commissioners represent the citizens of the County, as do all elected persons. And the sheriff is, currently, the Chief Law enforcement officer.
So who, or what interest would benefit from changing our current representative republic form of government?
History shows that separating the people from representation, from their government has placed us in our current economic situation.
Government must be slow, and cumbersome. When the representation is removed and includes the special few who are the communicators representing the rest, it is no longer a Representative Republic.
Last post was a tech error on my part
Home Rule is not being considered at all. Truth is, it offers us nothing we need that we don’t already have. I do not favor it at all.
IF the county hires a county administrator, it will NOT be Bill Grile. He removed himself from any consideration for the job last night.
I advise caution be our guide through a thorough, methodical public process before we add an administrator. Before we determine we need one, we need to establish exactly what s/he would do. It could be that the best thing to do is add an administrator. It also could be at the end of the day that we can solve our structural problems internally. I don’t think we know enough yet to make that decision. All we know for sure is we have some problems.
Our biggest concern is our shrinking revenue due to the loss of timber receipts. If our revenue was sufficient and stable, we wouldn’t even be talking about an administrator. Unless we solve our timber problem, it won’t matter what governing structure we have.
This has always been my position. I take it not to appeal to this or that constituency. I take it because I believe it is best for Coos County.
Home Rule is not being considered at all. Truth is, it offers us nothing we need that we don’t already have. I do not favor it at all.
IF the county hires a county administrator, it will NOT be Bill Grile. He removed himself from any consideration for the job last night.
I advise caution be our guide through a thorough, methodical public process before we add an administrator. Before we determine we need one, we need to establish exactly what s/he would do. It could be that the best thing to do is add an administrator. It also could be at the end of the day that we can solve our structural problems internally. I don’t think we know enough yet to make that decision. All we know for sure is we have some problems.
Our biggest concern is our shrinking revenue due to the loss of timber receipts. If our revenue was sufficient and stable, we wouldn’t even be talking about an administrator. Unless we solve our timber problem, it won’t matter what governing structure we have.
This has always been my position. I take it not to appeal to this or that constituency. I take it because I believe it is best for Coos County.
I enjoy people being accountable to the citizens. With “Home Rule” the county clerk, treasurer, sheriff, surveyor, assessor, become political appointees, accountable to the admisnitartor only. I was a McKelvey supporter but he appears to have climbed down from the fence. Have you heard the same rumors that the Messerle desired “administrator” is Grile the governance committee chairman and terminated former Coos Bay City Manager.