Mayor says he seeks ‘balanced approach’ to BWL

What made the mayor decide to go with what he called a "midway measure" between leaving BWL governance as it is and scraping the current governance in favor of the general manager direct reporting as a cabinet official to the mayor?

Mayor Bernero’s proposal is a balanced approach that reflects his careful consideration of several alternatives for giving real meaning and authority to the City Charter provision that requires the BWL to be responsible to the Mayor and City Council.

Is there a reason it couldn´t be an inspector general reporting to the BWL Board of Commissioners, with the mayor copied on all reports?

The IG is designed to create a direct line of accountability from the BWL to the Mayor and City Council. Having the IG report to the BWL commissioners would defeat the purpose of ensuring structural accountability to the Mayor and City Council as envisioned in the Charter.

On the City Pulse TV show this weekend, Bernero said he favored having BWL’s attorney report directly to the city attorney. Does that raise any concerns related to conflicts of interest?

The BWL’s in-house legal counsel has long been designated as a “Special Assistant City Attorney” appointed with the advice and consent of the Lansing City Attorney. Through the years, the BWL has diminished this necessary rela tionship by weakening the ties between BWL legal counsel and the City Attorney. Mayor Bernero’s proposal restores the proper relationship between the two offices, enhances the BWL’s accountability to the Mayor and City Council, and ensures that the legal positions of the City and BWL are consistent. The BWL is a key asset of the City of Lansing and more oversight of their legal matters by the City Attorney, including the review and approval of contracts for top executives, is both necessary and appropriate.

Haven´t we seen in the past where the city attorney has been in the position of serving the wishes of two different masters (City Council and the mayor) and that has caused serious issues?

No. In Mayor Bernero´s tenure, the City Attorney has appropriately balanced the legal needs of the Mayor and City Council. If and when conflicts arise, there is an established process for securing outside counsel to represent one or both parties. Again, the BWL is a key asset of the City of Lansing and more oversight of their legal matters by the City Attorney is both necessary and appropriate.

The mayor has consistently said the BWL commissioners are good people caught in a failed system. But former Commission Chairman Ron Callen said on the City Pulse TV this weekend "The system worked for 125 years." What is broken about the BWL governance and when did it get broken?

The problems with BWL governance are long-standing and obvious. The last three general managers have been forced out. More recently, the debacle of the December 2013 ice storm laid bare the dysfunctional relationship between BWL management and the BWL Board of Commissioners. In addition, the award of a 5-year employment contract with excessive severance terms to the previous general manager makes clear that the BWL requires more oversight by and accountability to city leaders.