CHARTER PROVISIONS Water Administration in Small and MidSized

CHARTER PROVISIONS Water Administration in Small and Mid-Sized New York State Cities

THE USE OF BOARDS IN U. S. GOVERNMENT American best practice in governmental organization distinguishes between policy-making positions and administrative positions. (Research shows that this distinction is significant, but often does not describe actual practice. ) American best practice prefers the use of single-headed agencies for administrative purposes. American best practice has evolved to prefer appointment over election for administrative posts. Boards are often used for quasi-judicial or regulatory functions Boards are often preferred for policy making § Elected Boards - City Councils, School Districts § Advisory boards – Provide special expertise and a variety of community perspectives

ELECTED VS. APPOINTED Elected Directly responsive to electorate Based in and linked to the community But § Professional preparation not required § Election may not really produce accountability (competition, timing, turnout) § Barrier to collaboration Appointed More likely to be professionally prepared Accountable to appointing authority But § May not be from community § Careerism § No “mandate”

GENERAL PURPOSE VS. SPECIAL PURPOSE GOVERNMENTS General Purpose Special purpose Management of resources with a broad perspective across functions, facilitating tradeoffs among them More likely to think about the “general interest” of the jurisdiction Elevates importance of a single function. No need to consider other functions. May allow distinct financing for operations and capital needs But § Dedicated funds may lead to waste § May lack overall perspective of community needs

How do small cities in New York State provide by charter for Administration of their water systems?

Johnstown – 8, 668 Amsterdam – 18, 485 Batavia – 15, 472 Beacon – 15, 488 Canandaigua – 10, 567 Cohoes – 16, 153 Corning – 11, 146 Fulton – 11, 852 Geneva – 13, 264 Glens Falls – 14, 696 Gloversville – 15, 580 Hornell – 8, 576 Hudson – 6, 731 Kingston – 23, 864 Lackawanna – 18, 116 Lockport – 21, 112 Norwich – 7, 193 Ogdensburg – 11, 177 Olean – 14, 408 Oneida – 11, 335 Oneonta – 13, 890 Oswego – 18, 140 Peekskill – 23, 568 Plattsburgh – 19, 911 Port Jervis – 8, 816 Rensselaer – 9, 378 Rye – 15, 713 Tonawanda – 15, 113 Watervliet – 10, 259 CITIES IN STUDY 23 NYS Cities with populations between 7, 000 and 23, 000, * Kingston - the largest (22, 828). Johnstown – (8, 668) *All data from 2012 U. S. Census American Fact. Finder

IS THERE A WATER BOARD? 1. Water Board § § § Elected - Johnstown, Gloversville Appointed - Glens Falls, Kingston Appointed (Advisory only) – Amsterdam, Cortland, Oneida, Watervliet 2. No Water Board § Batavia, Canandaigua, Cohoes, Dunkirk, Fulton, Geneva, Hornell, Hudson, Lockport, Ogdensburg, Olean, Oneonta, Peekskill, Platsburgh, Port Jervis, Rensselaer, Rye 3. No Water Supply Provision § Beacon, Lackawanna

NO WATER BOARD STRUCTURE Water Dept. as Division of Dept. of Public Works: Water Dept. as Independent Dept. Under the Mayor/Manager: Mayor/Manager Department of Public Works* Department of Public Works Water Dept. Cities: Batavia, Cohoes, Dunkirk, Fulton, Geneva, Hornell, Hudson, Ogdensburg * 3 models: 1. With and 2. without advice and consent of the Common Council, 3. Approval of City Manager Cities: Water Department

NO WATER BOARD – CANANDAIGUA MODEL Common Council City Manager* Dir. Public Works Dept. ** Dir. Water/Sewer Bureau *Appointment subject to advice and consent of the Common Council ** Appointment subject to approval of City Manager

ADMINISTRATIVE WATER BOARD – ELECTORAL* Members of Board Elected: Electorate Water Board Cities: Johnstown, Gloversville *No advisory boards are elected Superintendent of Water

ORIGIN OF ELECTED WATER BOARD IN JOHNSTOWN Johnstown’s original charter (1895) provided for a 5 member elected Water Board, one chosen at-large and one each from 4 wards within the city Other elected offices provided specified in the 1895 charter: § At-large – Mayor, Alderman-at-Large, Recorder, Chamberlain, Assessor, members of the City Board of Education (9), Justices of the Peace (2), Constables (2) § From Wards – Aldermen (4)

CITY OF JOHNSTOWN – WATER BOARD HISTORY 1895 Charter § Elected water board 1905 Charter § Elected water board 1933 Local Law No. 2 § Abolished Water Board 1949 Charter Revision § Revision by 1933 Local Law No. 2 implemented in charter 1962 Charter Revision § Advised against elected water board, but in favor of Advisory Water Board

WATER BOARD HISTORY (CONT. ) 1982 Local Law No. 2 to Amend City Charter § Reestablished Elected Water Board on advice of Advisory Water Board § Common Council votes unanimously in favor § Mayor makes initial appointments to water board (1 person to 3 year term, 1 to 2 year term, and 3 to 1 year term) § Mayor makes initial appointment of Water Board Clerk and Water Superintendent 2001 Charter Revision § Elected Water Board remains in Charter

ADMINISTRATIVE WATER BOARD - APPOINTED Mayor/Manager* Water Board** Cities: Kingston, Superintendent of Water * 2 Models: With and without advice and consent of the Common Council ** Kingston: Mayor is member of Water Board

ADVISORY WATER BOARD – APPOINTED Appointed: • Amsterdam Mayor/Manager Water Department * Advisory Water Board members appointed by Mayor/Manager Advisory Water Board*

WATER AND SEWER BOARD Administrative: Advisory: Mayor/Manager Board of Water and Sewer Commissioners Dir. of Admin. and Finance Superintendent of Water Administrative: Glens Falls Water Department Advisory: Cortland Advisory Water/Sewer Board*

FISCAL MANAGEMENT Charter Provisions Concerning Water Rents

RECEIPT OF RENTS 1. Water Board § Johnstown, Gloversville 2. Water Department § Fulton ( transferred to Chamberlain), Hornell (Dept. of Public Works) 3. City Comptroller or Treasurer § Cohoes, Dunkirk, Hudson, Kingston, Ogdensburg 4. City Clerk § Batavia, Canandaigua (Clerk/Treasurer) 5. Director of Administration and Finance § Cortland 6. No Provision § Beacon

RELATIONSHIP OF RENTS TO GENERAL FUND 1. Separate Water Fund § Johnstown, Fulton, Gloversville, Hudson, Kingston 2. Water/Sewer Fund § Glens Falls 3. Water Fund within Public Works Fund § Cohoes, Hornell 4. No Provision § Beacon, Canandaigua, Cortland, Dunkirk

USE OF SURPLUS (IF ANY) First place: 1. Payment of debt obligations for Water Supply § Amsterdam, Cohoes, Fulton, Hudson, Kingston 2. Common Council may appropriate § Lockport 3. Payment of any city debt obligation or deficit § Gloversville 4. Sinking/Reserve Water Fund § Amsterdam, Fulton, Hudson Second Place: 1. Payment of debt obligations for Water Supply § Amsterdam, Cohoes, Fulton, Hudson, Kingston 2. Common Council may appropriate § Lockport 3. Payment of any city debt obligation or deficit § Gloversville 4. Sinking/Reserve Water Fund § Amsterdam, Fulton, Hudson Use of surplus not mentioned in Charter § Johnstown § Batavia § Beacon § Canandaigua § Cortland § Dunkirk § Geneva § Glens Falls § Hornell § Lackawanna § Norwich § Ogdensburg § Olean § Oneida § Oneonta § Oswego § Peekskill § Plattsburgh § Port Jervis § Rensselaer § Rye § Tonawanda