There are primarily two approaches you’ll see in the management of most large organizations.
One is the top-down approach. Decisions are made by those at the top, who are miles from the problem or situation, looking at reports and figures generated by assistants just as blind as they are.
The other is the bottom-up approach. Problems are identified and solutions are put together by talking with on-line managers and employees on the ground.
The bottom-up approach is the best approach because decision makers at the top are relying on those closest to the problems — on line managers and employees.
The State Law Vs. Council Rules:
The county council, like the US Congress and state legislature has a set of rules that govern how it conducts its business. One of those rules and the focus of this write-up is Section 3.5c. That rule stated county councilmen were forbidden to communicate with county employees.
This rule was likely written years ago and was the by-product of a mis-interpretation of the state law 4-9-660 which says: “Except for the purposes of inquiries and investigations, the council shall deal with county officers and employees who are subject to the direction and supervision of the county administrator solely through the administrator, and neither the council nor its members shall give orders or instructions to any such officers or employees.”
Evidently some administrator, councilman or lawyer years ago read that law and then wrote Section 3.5c in the county council rule: “Members shall not participate, or attempt to influence day to day operational activities of the County, NOR SHOULD MEMBERS COMMUNICATE WITH COUNTY EMPLOYEES (other than the Administrator, an employee designated by the Administrator for a specific limited purpose or the Clerk to Council) on matters reserved to the Administrator under the provisions of the Home Rule Act and/ or other provisions of state law.”
See item 1 below that lists the old rule (crossed out) and the replacement or new rule.
Examining Section 3.5c
OK, the rule states council members shall not participate or attempt to influence day-to-day operations activities of the county. That part of the rule mirrors state law 4-9-660, which specifically says, councilmen cannot give employees orders or instruction. Only the county administrator can give employees orders and instruction. All good there.
However, years ago someone mis-interpreted the law 4-9-660 and added to Section 3.5c in the council rule book: “nor should members [councilmen] communicate with county employees.”
That phrase goes beyond the state law and probably the First Amendment as well.
The Fix:
Looking at the video, you can see the council addressed this issue at the May 3rd council meeting and voted 6 to 0 to eliminate the no communication part of the rule. Councilmen can now talk to employees.
Talk with employees, yes. Give instruction and orders to them, no.
In sum, if councilman gives an employee an order or instruction, they should ignore it; councilmen do not have the ability to do that.
If councilman asks an employee a question, there is nothing wrong with answering it.
If an employee sees a councilman at Ingles and thinks taxes are high, and he wants to tell him, he is free to do that. It is still America.
If an employee comes up to me complaining about his job, I’m going to listen, but direct him back to his manager to resolve it.
