OMAHA — A proposed change to Omaha’s City Charter would allow the mayor to remain in charge when traveling outside city limits.
The proposal from Mayor Jean Stothert has prompted a debate on the capabilities and limits of new technology, as well as whether Omaha needs a clear line of mayoral responsibility in times of emergency.
Currently, the city charter requires the City Council president to serve as acting mayor whenever the mayor leaves Omaha. It’s largely a caretaker position, including signing documents on behalf of the city. But an emergency situation — a major fire, a police shooting or a significant weather event — could require the fill-in mayor to take on a more active role.
Supporters of the change say the current wording is an outdated policy. They note that modern technology allows near-constant communication between an out-of-town mayor and other city officials.
“In 2022, there is now the ability for the mayor — as there is any type of government official — to conduct business away from the city of Omaha,†said City Attorney Matt Kuhse when he introduced the proposal earlier this year. The city also is considering a new document signing system that would allow the mayor to sign time-critical documents while traveling outside the city.
City Council President Pete Festersen and Vice President Vinny Palermo have concerns about the proposal to have the mayor run the city remotely, especially if a crisis arises.
In Lincoln, the council's chair or vice chair act as mayor when the mayor is out of town.
In 2020, the Lincoln City Council had considered letting voters decide whether the city should change its charter and require an acting mayor be appointed only when the elected mayor was unable to serve, not just out of town. However, the proposal failed when council members expressed concern about overly broad language and ran into a deadline that didn't allow time for clarification before the primary election.
Stothert’s proposal was one of the first brought before the Omaha’s Charter Convention for consideration in May.
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The convention, formed about every 10 years, is made up of members appointed by the mayor and Omaha City Council to review and suggest changes to the city’s charter, the document that establishes the organization and procedures of Omaha’s government.
Originally, the Mayor’s Office proposed that an acting mayor would not be required unless the mayor was out of town for more than 10 days or left the continental United States.
On Monday, the convention members voted on a revision to the proposal that would allow the mayor to remain in power while traveling for up to five days. In cases of an emergency, an acting mayor could step in — but only when the mayor is unavailable by phone for two hours or more.
Festersen said he’d be unlikely to support a change to the city’s current system, even with the emergency amendment.
“I think it’s important to have continuity and clear decision-making authority in case of an emergency, or in case someone is unreachable in a time of crisis,†Festersen said. “Anything can happen in a city at any time.â€
Through a records request, the Omaha World-Herald found that Stothert was out of town 39 days in the first six months of 2022, meaning she was outside the city for about 21% of that time.
For many of those days, Festersen was acting mayor. On a few occasions, Palermo stepped into the role when both Festersen and Stothert were out of Omaha.
While acting mayors usually do not rock the boat, that wasn’t the case in 1998 when then-Mayor Hal Daub attended a U.S. Conference of Mayors meeting in Reno, Nevada.
City Council President Lormong Lo used his temporary mayoral power to broker a deal with the city’s firefighters union, attempting to end a 10-month impasse. An angry Daub said Lo had overstepped his authority. In the end, Daub’s administration worked out a different contract settlement.
Palermo said that although he feels the City Council and Mayor’s Office currently have strong communication and “work well together for the betterment of the city,†he is hesitant to support a change.
“I think there should always be somebody there, ready and working with the staff that’s in place in times of emergency,†Palermo said. “I think it’s necessary we have somebody in place at all times.â€
Amendments to the charter passed by the convention, like the one approved Monday, are sent to the City Council for approval, and would then appear on the ballot in November.
Mayor Jean Stothert delivers the State of the City address April 1. Stothert’s proposal to allow the mayor to remain in charge when out of town was one of the first brought before the city’s Charter Convention for consideration in May.