CHAPTER XVII

RECONSTRUCTION: PRINCIPLES, PRECEDENTS AND PROPOSALS

We have been at some pains to put the county into right relationships.

Ideally, it is to be a supervised local division of the state

administration (such supervision to insure strict accountability but

to be unobstructive); it is to be relieved by the state of not a few

incompatible, back-breaking burdens; it is to have (with some necessary

limitations) a free hand in making over its internal organization for

whatever obligations of public service may be laid upon it in the

future. In some respects its greatest service is to consist in receding

entirely from public service, while in other respects its importance

should be greatly enhanced.

Practically, these external adjusting movements will proceed

concurrently, with varying speed, according as the need for the one

or the other may exist or be recognized. Their full fruition will

still leave the county, within its restricted sphere, with a very

distinct and honorable body of functions to perform. And for this,

the county, now so largely an unfit instrument of a self-governing,

self-respecting community, must be made over from within.

The basic formula of reconstruction is not far to seek. In every state

the forward looking part of the citizenry which interests itself

in better government for long toyed with the theory of “checks and

balances,” which might be denominated for popular purposes as “safety

via complication.” Past generations put a premium on _ingenious_

political devices. Just as to some people medicine which is not bitter

is not efficacious, so to the old school of political reformers,

government was dangerous if it could be seen through and understood.

But ingenuity and complexity in city government “came high.” The cost

of them was “conspicuous failure.” In the end the people rebelled and

the end of the old way of thinking about government was in sight.

Witness: the movements of those cities which since 1901 have so

cheerfully though so thoughtfully “scrapped” the historic dogma by

the act of adopting the “commission” plan. Ingenious, complicated,

inefficient, corrupt, city governments have given way literally by

the hundreds to a new system, the corner-stone principle of which is

simplicity: one set of officials to elect and watch; one place to go to

get things done; one source to which to direct criticism when things go

wrong.

In a word, the Short Ballot, in its fullest implication. It is not

simply that there should be few officers to elect. County candidates

are not especially obscure to rural voters and the ballots in the

country districts are not often absurdly long. The farmer probably

makes a better job of it when it comes to making up his ticket than

any other class of citizen. It is also necessary that “those officers

should be elective which are important enough to attract _and

deserve_ examination,” that is, officers who stand at the sources of

public policy--not sheriffs or coroners or county clerks; not officers

who simply follow out a statutory routine, but those who are supposed

to lay out programs of county action.

And then, the Short Ballot connotes unification of powers. For what

does it avail to watch, to criticize a single set of officers if all

the while the really important work of the county is performed and the

really important damage is committed by the officials who are obscure

and therefore unwatched?

County government, as it stands, is the very personification of

non-conformity to these approved principles of political organization.

Starting, therefore, at the base of an ideal structure, let us proceed

to the task of reconstruction.

Under ideal home-rule conditions the county will have been brought face

to face with the obligation to stand on its own feet. It will look

about for appropriate means to redeem that obligation. The electorate

will be made responsible for its collective conduct by virtue of

accurate representation in the county’s council. Responsibility will

first be secured in the very make-up of the governing body, which is

the source of power in any popular government. No stereotyped uniform

plan of organization will do; no slavish copying of the “New England”

type, or the “southern” type: counties differ too widely for that. But

natural and legitimate cleavages of public opinion will be recognized

and represented. Minor geographical divisions which have a distinct

identity may be given a separate voice in the county board, but if the

county is a geographical and social unit, the form of the governing

body will reflect the fact. And if the county is co-extensive with a

city, that circumstance will be given due weight.

But the county board will be something more than an epitomized

electorate. It will be clothed, as such bodies rarely are, with the

power not only to discover what the people want, but to translate their

wishes into deeds of administration. Instead of working as now through

alien instruments in the person of independent officials, it will

control the operating mechanism of the county, which will be of its

own selection. Shall we take away from the people the power to choose

the sheriffs, the county clerk, the surveyor, the superintendent of

the poor? Yes, take away the selection, but reinforce their control.

Abandon the separation of powers? Yes, do away with the three-ring (or

perhaps twelve- or twenty-ring) circus, and get down to the serious

business of government. For business never was successfully organized

except on the principle that the head controls the tail and all that

intervenes. In terms of law, the county board, subject of course to

state legislative and administrative supervision, will exercise all the

powers of the corporation, including those of appointment, of revenue

raising and of appropriation.

A long step toward the fulfillment of these principles in actual

life has been taken in the county of Los Angeles, Cal., one of those

communities in which the doctrine of complexity was once carried

to absurd extremes. But the new charter of this county, which was

the first to be adopted[21] under the home-rule provisions of the

constitution, proceeded in great measure in the light of the theory

exemplified by the commission plan in the cities. The supervisors

are retained on the elective list as the constitution requires, but

the county superintendent of schools, coroner, public administrator,

county clerk, treasurer, tax collector, recorder and surveyor, all of

whom were formerly elected by the voters, are now appointed by and

are responsible to the county governing body, which is the board of

supervisors. The sheriff, the auditor, the assessor and the district

attorney are still elective. In thus extending the power of the

board of supervisors, the charter framers require that, with a few

exceptions, the officers shall be chosen from competitive lists on

the basis of merit and fitness. The fee system is abolished. The Los

Angeles achievement, while it falls far short of the measure of unity

which is present in many counties governed by the commissioner system,

is important as a recent conscious step toward greater simplicity.

And now that we have perfected a mechanism for expressing the general

will of the people of the county, it remains to arm the governing

body more effectively with the means for translating mere wishes into

concrete acts of administration. To put it otherwise, we must mobilize

the operating departments under effective leadership.

Recall, first, our statement in an earlier chapter that the county

in the United States is almost universally devoid of a definite

executive head. One exception is the two first-class counties of New

Jersey (Hudson and Essex) where until recent years the so-called

board of chosen freeholders were elected from districts. Under these

circumstances the need was felt for some agency to represent the

unity of interest among the several localities, in the government

of the county. Accordingly, the office of supervisor was conceived.

The incumbent is elected by the people of the county and has powers

not unlike those of the mayor in many cities. He is required “to be

vigilant and active in causing the laws and ordinances of the county

to be executed and enforced.” Subject to the civil service law he has

power to suspend and remove but not to appoint subordinates. He may

propose legislation and veto resolutions.

Fifteen years of experience have not commended this institution to

wider adoption. With one or two exceptions the supervisors, like most

mayors of cities, have not been men of force or imagination and they

have been controlled, apparently, by the same political elements as the

board of freeholders upon which they were supposed to have served as a

check.

As these pages are being written, a single county in the West, almost

unconsciously it would seem and under influences that upon the surface

seem reactionary, has taken one of the longest progressive steps toward

administrative unity ever taken by an American county. The county in

mind is Denver, Colorado. Ever since the constitution was amended in

1902 the city and county have been geographically identical. Article

XX, Section 2, stipulates that “the officers of the city and county

of Denver shall be such as by _appointment_ or election may be

provided for by the charter.” On May 9, 1916, Denver abandoned the

commission plan of government and vested the appointment of city _and

county_ officials in the mayor.

The New Jersey and Denver experiments point in the general direction

of administrative unity; they do not come within hailing distance of

the expectations which seem to be justified by recent developments

in American cities. For after all, the practical problem is the same

in every civil division: to dispose effectively and economically

of the visible supply of work to be accomplished or service to be

rendered. And this, some of the more aggressive of our cities, such

as Dayton and Springfield, 0., Niagara Falls, N. Y., and some forty

others have essayed to do through a form of organization which is unity

and simplicity reduced to its lowest terms: the plan of the typical

business corporation. A board of directors to represent the people; a

city manager to appoint and direct the heads of departments--that is

all there is to it. And it works!

In similar fashion the people of our counties will surely consent to

a reorganization of _their_ public affairs. The members of the

county boards will not follow the example of some of our present county

commissioners and personally descend to the management of the details

of administration. They will learn the art of delegating authority

without losing control. And just as the people will have simplified

their problem of citizenship by concentrating their attention on the

governing group, so the representative body will focus administrative

responsibility in a chief subordinate. To be specific, the county

of the future will employ a manager chosen appropriately with sole

reference to his fitness to manage public affairs and without regard to

residence, religion or views on the Mexican situation, who will pick up

the authority of the county where the board of directors leaves it off.

With the installation of the manager with adequate powers, the county

will have supplied the largest single essential in any collective

effort: leadership. Without that directing, driving force it is hardly

strange that counties, up to the present, have headed for nowhere in

particular.

And leadership in county affairs signifies specifically what?

To begin with, it will now be possible to build up the correct sort

of subsidiary organization. For instance, with such leadership it

should not have been necessary, for the lack of a proper executive

responsibility, for Hudson County in New Jersey to impose upon the

local judges the odd function of selecting a mosquito commission, and

to dispose the rest of the appointing power as the fancy of the moment

might dictate.

A county manager who has the power to appoint and discharge will of

course be in a position to issue orders with a reasonable assurance

that they will be obeyed without a writ of mandamus or some other

form of judicial intervention. Public business will be speeded up

accordingly.

And then, the presence of a responsible executive will supply

an indispensable condition of a scientific budget. The finance

committee of the governing board is no proper substitute, for, as

Mr. Cartwright[22] says: “Such a committee cannot have either the

understanding of the full meaning of the budget, or the personal

interest in properly performing the work of preparation that an

executive head should have who is personally responsible in very large

degree for the success or failure of the entire county administration.

The man who is officially responsible ought personally to lay the

plans, summoning to his aid such advisers as he deems best suited to

give him counsel.” The budget is the financial plan or program in a

given year. It must see the needs of the county in their unity. It is

the proper occupation of a single directing mind which is continuously

and intimately in touch through his subordinates, with every need of

the county. Not that the county manager will have the “power of the

purse” and dictate the financial policy of the county. On the contrary,

he will simply formulate the financial program for his employers to

accept or reject, in whole or in part as they see fit.

The county manager will also act as a balance against any undue

pressure from any geographical division in the county or any division

of the public service. He will discover possible new services or better

methods of performing old services. In short, he will be the specially

accredited agent of the county board in carrying out its policies and

the initiating force of public opinion. Through the governing board

and the county manager there will be a clear and direct succession of

authority from the people to the scullion at the almshouse and the

assistant turnkey at the county jail.

A proposal that practically squares with this formula was put forth

some years ago by a group of Oregon citizens under the leadership of W.

S. U’Ren, in a proposed amendment to the state constitution. Under the

projected scheme the county business would be in the hands of a board

of three directors to be elected by the voters of the county for terms

of six years. This board would have power to “make all expedient rules

and regulations for the successful, efficient and economic management

of all county business and property.” It would be necessary, however,

to employ a business manager who would be the “chief executive of the

county”; the choice of this officer not to be limited to the state

of Oregon; his salary to be determined by the board. With him would

rest the appointment of the subordinate county officers. The board of

directors would be empowered to audit bills, either directly or through

an auditor.

A more complete and detailed plan of county government, following the

same general principles, was embodied in a bill introduced in the New

York legislature in 1916.[23] It provided that any county, except those

comprising New York City, might adopt the statute by petition and

referendum. The county would therefore be governed by a board of five

county supervisors who would act through a manager, whose duties would

be:

(_a_) To attend all meetings of the board of supervisors;

(_b_) To see that the resolutions and other orders of the board

of supervisors and the laws of the state required to be enforced by

such board, are faithfully carried out by the county, including all

officers chosen by the electors;

(_c_) To recommend to the board of supervisors such measures as

he may deem necessary or expedient for the proper administration of

the affairs of the county and its several offices;

(_d_) To appoint all county officers whose selection by

the electors is not required by the constitution, except county

supervisors and the county auditor or comptroller, for such terms of

office as are provided by law.

Subject to resolutions of the board of supervisors, he shall:

(_e_) Purchase all supplies and materials required by every

county officer, including the superintendent of the poor;

(_f_) Execute contracts on behalf of the board of supervisors

when the consideration therein shall not exceed five hundred dollars;

(_g_) Obtain from the several county officers reports of their

various activities in such form and at such times as the board of

supervisors may require;

(_h_) Obtain from the several county officers itemized estimates

of the probable expense of conducting their offices for the ensuing

year, and transmit the same to the board of supervisors with his

approval or disapproval of each and all items therein, in the form of

a tentative budget.

(_i_) Perform such other duties as the board of supervisors may

require.

In the exercise of these duties the county manager would have power to

examine witnesses, take testimony under oath and make examination of

the affairs of any office.

Inasmuch as the constitution of New York State requires the election

by the people of the sheriff, district attorney, county clerk and

register, the method of choosing these officers could not be affected

by statute.

The Alameda County plan referred to in the preceding chapter provides

for a city-and-county manager who would have charge not only of county

administration but of the execution of the policies of the several

constituent boroughs.

Such are a few definite proposals for fundamental political

reconstruction of the county. Recalling, again, the low estate of our

_city_ governments, a decade since, the hope for an early and

thoroughgoing betterment of the county system, in the department of

fundamental structure, would seem to be not altogether vain.

[21] November, 1912.

[22] Otho G. Cartwright, Director of Westchester County Research Bureau.

[23] For text see Appendix, pp. 251-256.

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