New Orleans voters will decide November 8 whether to amend the City’s charter to require City Council confirmation of the mayor’s appointments of all department heads and allow the council to confirm certain other administrators. Currently, the charter authorizes the mayor to make these appointments without the council’s approval or input. If approved, the amendment would take effect January 1, 2023. It would apply only to appointments made on or after that date. Because the amendment would not apply to current administrators, the primary impact would be on future mayoral administrations.
Proponents say the charter change is necessary to provide an additional layer of scrutiny to help ensure top administrators are well qualified and ready for the job. Opponents say the change would usurp a key mayoral power and could lead to gridlock and political dealmaking between the mayor and council.
The mayor vetoed an ordinance to place the charter amendment on the ballot, but the council voted 5-2 to override the veto, giving voters the final say.
The proposed charter amendment would:
FOR. The charter amendment would provide significant transparency benefits to help make all mayoral administrations more open and responsive to the public. Requiring the City Council’s confirmation of mayoral appointments of department heads would set a clear expectation for public accountability before administrators take office. The confirmation process also would give appointees an opportunity to explain to the council and citizens how they would apply their experience and expertise to improve the department and address any problems it faces. Such a process would provide an additional check to help ensure the City’s top administrators are well qualified and capable. These benefits have made council confirmation of department heads a widespread practice among large cities with mayor-council forms of government, like New Orleans. Extending the option of council confirmation to other top administrative positions would provide another check on the broad mayoral authority to create special offices and bestow executive powers on them. However, the council should use its confirmation authority judiciously to avoid overburdening the executive branch.
BGR’s support of the charter amendment is not a criticism of the current administration, which would face a more limited impact from council confirmation than subsequent administrations. Rather, BGR finds that the charter amendment would improve the selection process by increasing transparency and accountability for all administrations. Fully realizing these benefits will hinge on how the council addresses gaps and ambiguities in the proposal. The lack of details on the confirmation process increases the potential for political dealmaking. This could undermine the integrity of the vetting process by shifting the focus away from appointees’ qualifications. To reduce this risk, the City Council should establish a clear process and criteria for evaluating prospective appointees. In addition, the council should clarify the provision allowing the mayor to make interim appointments to avoid potential litigation and gridlock. In establishing the confirmation process, the council should engage with the mayor. Such collaboration would help ensure that the charter amendment serves as a check and balance, rather than a political tool.
This report is part of BGR’s On the Ballot series, which provides voters with objective, nonpartisan analysis of significant ballot propositions in the New Orleans metropolitan area. In producing these reports, BGR recommends positions consistent with its mission of promoting informed public policy making and the effective use of public resources to improve local government. On the Ballot reports highlight the strengths and weaknesses of ballot propositions and assess the potential for government expenditures or actions to efficiently achieve beneficial outcomes for citizens.
