To save Miami politics, throw away its government system and choose a new one

As Miami struggles once again with seemingly endless corruption, incompetence and self-serving leaders, proposed changes are being circulated to add two new commission districts, perhaps at large, and the redrawing of existing districts. Those changes may be helpful, but they do not address the structural problem that has afflicted Miami since it adopted a form of government that is neither the “strong-mayor” system in effect in Miami-Dade County nor the “commission-manager” system in effect in Miami Beach, Hialeah, Sweetwater and many municipalities in Florida.

What Miami needs most is to abandon its present form of government and adopt either of the other two prevailing ones.

Historically, Miami had a “commission-manager” form of government, in which the mayor was a member of the City Commission, fully within the legislative branch of government and fully outside the executive branch. As such, the mayor presided over commission meetings and had a voice and a vote equal to those of the other commissioners. An appointed professional manager ran the operations of the city as the head of the executive power. The city charter prohibited the mayor and commissioners from interfering with the manager’s functions, including the hiring and firing of personnel.

Miami-Dade County had a similar system, but, in the late 1990s, a charter amendment changed its form of government into what was called an “executive mayor” framework. Miami decided to copy that framework by replicating, almost word for word, the county’s amendment. As a result, both Miami-Dade and Miami changed their form of government to that of an executive mayor. But that framework proved to be ill-conceived and hopelessly flawed, so much so that, in 2007, the county abandoned it in favor of the “strong-mayor” form of government in effect today in which the mayor oversees government administration.

Regrettably, Miami did not follow Miami-Dade County’s lead.

The executive mayor framework took the mayor out of the commission and made him/her the titular head of the executive branch. In reality, the executive mayor was left with little power, consisting basically of vetoing commission legislation and hiring and firing the city manager — all subject to the commission’s power to override those mayoral decisions. The city manager still runs the city, and the mayor cannot interfere.

The weakness of the mayor’s function in Miami is illustrated by this example: If Miami’s mayor wishes to have a children’s park built, the mayor:

• Cannot direct the city’s planning and zoning staff to determine whether the project may be built or where.

• Cannot direct the city’s financial staff to determine whether the project would be financially feasible.

• Cannot direct the city’s designers to design the park.

• Cannot direct the city’s building staff and engineers to prepare plans for building the project, or to estimate its cost.

• Cannot direct the city’s parks and recreation staff to recommend programming at the park.

• Cannot issue a request for proposals to outsource any of those functions to the private sector.

• Cannot make a motion at a meeting of the city commission to have the project approved.

Hence, the form of government still in effect in the city of Miami leaves the mayor with little real power, and creates the possibility that the city manager might be confronted with a dispute between the commission and a mayor who has the power to fire him/her.

By contrast, the true “strong-mayor” form of government that the county ultimately adopted restores the separation of powers between the legislative and the executive branches of government and clearly delineates the functions of each, thereby enhancing accountability.

Whether Miami should amend its charter in favor of a strong-mayor form of government or return to the prior commission-manager form of government is a decision the city’s voters should make in a referendum. There are good arguments for both systems, but what is not justified is maintaining the awkward, discredited status quo.

Jose Garcia-Pedrosa served as Miami city manager and city attorney as well as Miami Beach’s city manager in the 1990s.